In a defence's response to the particulars of claim, which option is only relevant where the defendant does not know of the facts?

In a defence's response to the particulars of claim, which option is only relevant where the defendant does not know of the facts?

• A. Admit
• B. Deny
• C. Request Proof (Only Relevant Where the Defendant Does Not Know the Facts)
• D. None of the above

Answer: (C)

When defending a claim, you respond to each factual point by either admitting it, denying it, or saying you do not know. If you actually don’t know whether a fact is true, you can’t truthfully admit or deny. In that situation the proper move is to request proof—ask the claimant to prove the facts on which the claim relies. This keeps you safe from making a false admission or denial and obliges the claimant to provide evidence for the contested points. So, the option to request proof is the one that fits when the defendant doesn’t know the facts. Admitting or denying would require knowledge, and saying none of the above ignores this available procedural path.

When defending a claim, you respond to each factual point by either admitting it, denying it, or saying you do not know. If you actually don’t know whether a fact is true, you can’t truthfully admit or deny. In that situation the proper move is to request proof—ask the claimant to prove the facts on which the claim relies. This keeps you safe from making a false admission or denial and obliges the claimant to provide evidence for the contested points. So, the option to request proof is the one that fits when the defendant doesn’t know the facts. Admitting or denying would require knowledge, and saying none of the above ignores this available procedural path.