Legal Definitions - common plea

A common plea refers to a general form of defense or answer made by a defendant in a civil lawsuit. It typically involves a broad denial of the plaintiff's allegations, without introducing new facts or specific legal arguments that would constitute a "special plea." In historical common law, it was a standard way for a defendant to respond to a claim, essentially putting the plaintiff to the proof of their case.

• Example 1: Debt Collection Case

  Imagine a small business, "QuickFix Auto," sues a customer, Mr. Henderson, for an unpaid repair bill. Mr. Henderson believes he doesn't owe the money, but he doesn't have a specific legal reason like fraud or a prior payment receipt to present immediately. Instead, he files a response simply stating, "I deny that I owe QuickFix Auto the amount claimed for the repair."

  This is a common plea because Mr. Henderson is offering a general denial of the central claim (owing money) without providing specific reasons or affirmative defenses (such as claiming the work was never completed, or that he already paid, which would be a special plea). He is generally denying liability and requiring QuickFix Auto to prove its case.

• Example 2: Negligence Lawsuit

  Consider a situation where Ms. Chen sues Mr. Davies, alleging that Mr. Davies's careless driving caused a minor fender bender. Mr. Davies believes he was not at fault. In his legal response, he states, "I deny that my actions constituted negligence or were the cause of the plaintiff's damages."

  This response from Mr. Davies is a common plea. He is making a general denial of the core allegation of negligence and causation. He is not raising specific affirmative defenses like contributory negligence (claiming Ms. Chen was also at fault) or assumption of risk; he is simply denying the fundamental elements of Ms. Chen's claim.