10-121.Seeking wrong remedy not fatal.

Section 10-121 addresses a specific mismatch: the plaintiff has pleaded or established facts that entitle them to relief, but has sought the wrong remedy for those facts. That determination can arise on a motion directed to the pleadings, on a motion for summary judgment, or upon trial. In any of those settings, the court doesn't deny relief outright for the mismatch — it permits the pleadings to be amended, on just and reasonable terms, and grants the relief the plaintiff is entitled to on the amended pleadings or upon the evidence.

Deciding what counts as "just and reasonable" isn't left open-ended. The statute directs the court to weigh the defendant's right to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third-party complaint, and to have the plaintiff take additional steps that weren't required under the pleadings as previously filed. That list keeps the amendment from favoring the plaintiff alone at the defendant's expense.

The section only applies once the underlying facts support relief in the first place — it corrects the choice of remedy, not the absence of a valid claim.