Legal Definitions - disjunctive denial

A disjunctive denial occurs when a party responds to an allegation that presents multiple possibilities connected by "or" by simply denying the entire disjunctive statement. Instead of addressing each possibility separately, the party issues a single denial covering all the alternatives.

This type of denial is often considered insufficient or ambiguous in legal pleadings because it fails to clearly state which specific part of the allegation is being denied. It leaves uncertainty as to whether the denying party disputes all the alternatives, or only some of them, without specifying which ones. Courts typically require more precise responses to ensure that the issues in dispute are clearly defined.

• Example 1: Contract Dispute

  In a lawsuit concerning a breach of contract, the plaintiff alleges, "The defendant failed to deliver the goods on the agreed-upon date or delivered goods that did not meet the specified quality standards." The defendant responds, "The defendant denies failing to deliver the goods on the agreed-upon date or delivering goods that did not meet the specified quality standards."

  Explanation: This is a disjunctive denial because the defendant has not clarified whether they claim to have delivered on time, delivered goods of the correct quality, or both. The plaintiff is left unsure which specific aspect of the allegation the defendant is disputing, making it difficult to prepare for trial.

• Example 2: Personal Injury Claim

  A plaintiff in a car accident case alleges, "The defendant was driving above the posted speed limit or was distracted by their mobile phone at the time of the collision." The defendant's answer states, "The defendant denies driving above the posted speed limit or being distracted by their mobile phone."

  Explanation: This response is a disjunctive denial. It doesn't specify whether the defendant denies speeding, denies being distracted, or denies both. For proper litigation, the plaintiff needs to know precisely which factual claims the defendant is challenging.

• Example 3: Property Dispute

  A property owner files a complaint stating, "The neighbor's new fence encroaches upon my property line or blocks my established easement for driveway access." The neighbor's legal response includes the statement, "The defendant denies that the fence encroaches upon the plaintiff's property line or blocks the plaintiff's established easement."

  Explanation: This is a disjunctive denial because the neighbor has not clarified whether they deny the encroachment, deny blocking the easement, or deny both. The plaintiff needs a specific denial to understand the neighbor's position on each distinct claim.