confession and avoidance

confession and avoidance
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. . 1996.

confession and avoidance
n.
A pleading in which the party admits the truth of the allegations in the complaint but then presents new information that makes those allegations ineffectual. See also affirmative defense

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


confession and avoidance
a defence pleading that admits certain material facts for attempts to avoid the legal consequence of those facts by alleging further facts to establish some defence to the claim. The facts relied on as constituting the avoidance must be specifically pleaded and the burden of proof is on the party relying on the plea.

Collins dictionary of law. . 2001.


confession and avoidance
A plea, or answer, to a complaint in a civil case, in which the defendant admits the allegations in the lawsuit but alleges other facts that, if found to be true by the trier of fact, will negate the negative effect of the plaintiff's claims. For example, in a few states, a plaintiff who sues over injuries allegedly caused by the defendant's negligence will not recover any damages if the defendant can prove that the plaintiff was in part also negligent (contributory negligence). When a defendant admits having acted negligently, but alleges that the plaintiff was also careless, the defendant has entered a plea of confession and avoidance.
Category: Accidents & Injuries
Category: If, When & Where to File a Lawsuit
Category: Mediation, Arbitration & Collaborative Law
Category: Representing Yourself in Court
Category: Small Claims Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


confession and avoidance
A form of plea that served as the formal answer to a plaintiff's complaint or declaration.

Dictionary from West's Encyclopedia of American Law. 2005.


confession and avoidance
A form of plea that served as the formal answer to a plaintiff's complaint or declaration.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

confession and avoidance
n.
   when a defendant admits the allegations in a complaint against him/her in a lawsuit or accusations in a criminal case but alleges other facts (affirmative defenses) to show that the original allegations do not prove a case against him/her. Often this means the defendant confesses to the accuracy of the stated facts and tries to avoid their legal impact.

Law dictionary. . 2013.

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Look at other dictionaries:

  • 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… …   Wikipedia

  • 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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