Legal Definition and Related Resources of Confession And Avoidance

A form of pleading which admits the truth of an allegation of fact contained in the preceding pleading, but seeks to avoid the consequences of such admission by alleging new matter. Thus, if the plaintiff alleges breach of a condition , the defendant may admit the breach but plead that the plaintiff waived the condition.

In pleading. The admission in a pleading of the truth of the facts as stated in the pleading to which it is an answer, and the allegation of new and related matter of fact which destroys the legal effect of the facts so admitted. The plea and any of the subsequent pleadings may be by way of confession and avoidance, or, which is the same thing, “in” confession and avoidance. Pleadings in confession and avoidance must give color. See “Color”; 1 East, 212. They must admit the material facts of the opponent’s pleading, either expressly in terms (Dyer, 171b) , or in effect. They must conclude with a verification. 1 Saund. 103, note. For the form of statement, see Steph. PL 72, 79. Pleas in confession and avoidance are either in justification and excuse, which go to show that the plaintiff never had any right of action, as, for example, son assault demesne, or in discharge, which go to show that his right has been released by some matter subsequent.

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Confession And Avoidance in Historical Law

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This definition of Confession And Avoidance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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