Under Rule 8(d)(2), pleadings in the alternative can include what?

• A. State multiple alternative and even inconsistent claims or defenses.
• B. Only a single theory of liability.
• C. Only claims, not defenses.
• D. Only factual statements without theories.

Answer: (A)

Under Rule 8(d)(2), you can plead in the alternative, including inconsistent theories, for both claims and defenses in one pleading. This rule lets a party lay out multiple theories of liability or defenses so litigation can move forward without forcing a premature choice among competing theories. It reflects the notice-pleading aim: the other side must be prepared to address any of the theories raised, and the court can sort out which theories prevail as the case develops.

So pleading multiple, even conflicting, theories is permitted. It isn’t limited to a single theory, and it isn’t confined to claims alone or to factual statements without theories.