Section 1.27 Choice of Theory of Recovery or Defense
| Library | Sources of Proof (2014 Ed.) |
1. (§1.27) Choice of Theory of Recovery or Defense
It seems obvious that the theory of substantive law under which a case is tried will be the primary limiting factor on the type of proof necessary or admissible at trial. Is the suit on contract for quantum meruit or intentional tort? Does it include punitive damages? Does the injured plaintiff sue under a claim of strict liability, negligence, warning, or breach of warranty, express or implied? Is the defendant in a criminal case charged with driving...
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