Legal Definition and Related Resources of Departure
Meaning of Departure
In pleading , a departure is said to exist where a party quits or departs from the case or defense which he has first made, and has recourse to another. warren v Powers, 5 Conn. 373. Where a departure relates to material averments the court is entitled to ignore the pleading that constitutes departure.
Departure Alternative Definition
In Maritime Law. A deviation from the course prescribed in the policy of insurance. It may be justifiable. See “Deviation.” In Pleading, The statement of matter in a replication, rejoinder, or subsequent pleading, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify it. 3 Bl. Comm. 301. Where a party quits or departs from the case or defense he has just made, and has recourse to another. 13 N. Y. 89.
Related Entries of Departure in the Encyclopedia of Law Project
Browse or run a search for Departure in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Departure in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Departure in Historical Law in the Encyclopedia of Law.
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Departure in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
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Mentioned in these terms
Assumption Of Risk, Deviation, Joint Tenancy, Shop Book Rule, Start.
Translate Departure from English to Spanish
Translation of Departure, with examples. More about free online translation into Spanish of Divergencia and other legal terms is available here.
- Divergencia
- Desviación
- Nuevo curso
- Apartarse
- Legal English Translation
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| Departure in the Dictionary | Departure in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Departure |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
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| Related topics | Departure in the World Encyclopedia of Law |
Notice
This definition of Departure is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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English Legal System: Departure
In the context of the English law, A Dictionary of Law provides the following legal concept of Departure :
The introduction of a new allegation of fact or the raising of a new ground or claim inconsistent with the party’s earlier claim. Departure is not permitted by the Civil Procedure Rules, but it does not prevent the *amendment of documents used in litigation provided that the amended documents do not contain any departure. The principal effect of the rule is to prevent a claimant from setting up in his *reply a new claim that is inconsistent with the cause of action alleged in the particulars of claim.
Departure
Departure
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