“… but a party cannot be expected to prepare for the unknown; and the aim of pleadings is to give notice of the case to be met; which enables either party to prepare his evidence and arguments upon the issues raised by the pleadings, and saves either side from being taken by surprise. Incidentally, it makes for economy. The plaintiff will, and indeed must, confine his evidence to those issues: but the cardinal point is the avoidance of surprise. That is why the defendant is expected to raise in his Defence any facts and pleas which make, according to the case he intends to present at the trial, the claim void or unenforceable. Illegality is such a plea, and the facts which make up the plea should be alleged in the Defence together with a plea of illegality.”
LawCompass
… the Digital Solution Research Tool
