Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that

a. Destiny did not state a claim for which relief can be granted.

b. Destiny's statement of the law is not true.

c. Destiny's statement of the facts is not true.

d. Enzo suffered greater harm than Destiny.

Question

Aden Sweeney

Business

10 May, 23:32

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that

a. Destiny did not state a claim for which relief can be granted.

b. Destiny's statement of the law is not true.

c. Destiny's statement of the facts is not true.

d. Enzo suffered greater harm than Destiny.

+3

Answers (1)

Know the Answer?

Pablo Kim · Answer 1

The answer is: A) Destiny did not state a claim for which relief can be granted.

Explanation:

A motion to dismiss is a request made by a party involved a court case (usually the defendant) that seeks to make the court dismiss the case. It can be filed on a variety of grounds based on legal deficiencies. One of the common grounds for filing a motion to dismiss is:

Failure to State a Claim for Which Relief Can Be Granted: A plaintiff must comply with several requirements in order to file a complaint, including a valid cause of action. A motion to dismiss may be granted if the plaintiff fails to adequately allege all of the elements of the claim or if the complaint fails to allege a measurable injury.