Confession and avoidance

Confession and avoidance

Confession and avoidance, in pleading, the plea admitting that facts alleged in a declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted. A plea in confession and avoidance neither simply admits nor merely denies; it admits that the facts alleged by the opposite party make out a good prima facie case or defence, but it proceeds to destroy the effect of these allegations either by showing some justification or excuse of the matter charged, or some discharge or release from it. All matter in confession and avoidance must be stated clearly and distinctly, and must be specific. If intended to apply to part only of a statement of claim, it must be so stated.[1]

References

  1. ^ Chisholm 1911, p. 905.
Attribution



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  • confession and avoidance — n: a common law plea in which a party confesses an allegation but alleges additional facts to avoid the intended legal effect of the original allegation compare demurrer Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Confession and avoidance — Confession Con*fes sion, n. [F. confession, L. confessio.] 1. Acknowledgment; avowal, especially in a matter pertaining to one s self; the admission of a debt, obligation, or crime. [1913 Webster] With a crafty madness keeps aloof, When we would… …   The Collaborative International Dictionary of English

  • confession and avoidance — A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the complaint or declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts… …   Black's law dictionary

  • confession and avoidance — A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the complaint or declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts… …   Black's law dictionary

  • confession and avoidance — See plea in confession and avoidance …   Ballentine's law dictionary

  • confession and avoidance — noun : an admission of or failure to deny an allegation coupled with the allegation of new matter that avoids or nullifies the effect of the original allegation used in legal pleas …   Useful english dictionary

  • plea in confession and avoidance — A plea which admits the cause of action alleged by the plaintiff, to the extent at least of giving color to the matter, and sets up other matter in avoidance of the same. 41 Am J1st Pl § 158 …   Ballentine's law dictionary

  • plea in confession and avoidance — a plea admitting that the plaintiff once had a good cause of action as alleged but that it is barred by some subsequent or collateral matter pleaded in defense (as a repeal of the statute on which the cause of action is founded) …   Useful english dictionary

  • confession — con·fes·sion n 1: an act of confessing 2: an acknowledgment of a fact or allegation as true or proven; esp: a written or oral statement by an accused party acknowledging the party s guilt (as by admitting commission of a crime) compare admission; …   Law dictionary

  • avoidance — I (cancellation) noun abrogation, annulling, annulment, cancelling, cessation, discontinuation, dismissal, invalidation, making useless, nullifying, quashing, removal, rendering void, rescission, setting aside, vacating, vacation, voidance… …   Law dictionary

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