Counterclaims Flashcards
1
Q
Counterclaims
A
Claims D has against P may be pleaded in answer as a counterclaim
2
Q
Compulsory counterclaim
A
Where conunterclaim arises out of same transaction or occurrence as one of P’s claims it must be pleaded or will be barred
3
Q
Permissive counterclaim
A
Any other counterclaim is permissive and may be asserted assuming court has subject matter jurisdiction even though there is no connection between it and P’s claim
