In a breach of contract case where a boutique sued a dressmaker, what is the appropriate motion for the boutique's complaint?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

In a breach of contract case, when determining the appropriate motion for the boutique's complaint against the dressmaker, a motion for judgment on the pleadings is particularly fitting. This motion is made after the pleadings (the complaint and the answer) have been filed but before trial, and it allows the court to decide the case based solely on the content of those pleadings.

When a plaintiff like the boutique believes that the defendant's response (answer) does not suffice to counter the claims in the complaint, they may opt for this motion. It is appropriate when the essential facts are undisputed, and the only matter at hand is the application of law to those facts as presented in the pleadings.

The other options relate to different procedural contexts: a motion for summary judgment requires a showing of no genuine dispute of material fact and is typically pursued during the discovery phase; a motion for dismissal is focused on the legal sufficiency of the complaint, often filed by the defendant; and a motion for directed verdict occurs during the trial, typically after the plaintiff has presented their case, to argue that the evidence presented is legally insufficient for a reasonable jury to find for the plaintiff. Thus, the boutique's situation aligns best with a motion for judgment on the pleadings

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