Confession and avoidance
| (Law) | a mode of pleading in which the party confesses the facts as stated by his adversary, but alleges some new matter by way of avoiding the legal effect claimed for them. |
See also: Confession
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| 单词 | confession and avoidance | ||
| 释义 | Confession and avoidance
See also: Confession confession and avoidanceConfession and AvoidanceA form of plea that served as the formal answer to a plaintiff's complaint or declaration. Under the old system of Common-Law Pleading, a defendant might choose to respond to the plaintiff's claim with a plea of confession and avoidance. By that, the defendant acknowledged the truth of the allegations in the plain-tiff's declaration, either specifically or by implication, and then asserted that there were additional facts that neutralized the legal effect of the plaintiff's allegations. confession and avoidancen. 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. confession and avoidancea 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. |
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