Legal Definition and Related Resources of Repugnancy

The state of being contradictory, inconsistent . In a legal instrument , one clause is said to be repugnant to another where the two clauses are either contradictory or inconsistent with each other . Irreconcilable, incompatible, adverse . In relation to pleadings, it means the affirmation of a cause of action in one count and the denial of the same in another. It is an inconsistency or disagreement between statements of fact.

(Lat. re, back, against, pugnare, to fight). In Contracts. A disagreement or inconsistency between two or more clauses of the same instrument. In deeds, and other instruments inter vivos, the earlier clause prevails, if the inconsistency be not so great as to avoid the instrument for uncertainty. Hardw. 94; Owen, 84; 2 Taunt. 109; 15 Sim. 118; 2 C. B. 830; 13 Mees. & “W. 534. In wills, the latter clause prevails, under the same exceptions. Co. Litt. 112b; Plowd. 541; 2 Taunt. 109; 6 Ves. 100; 2 Mylne & K. 149; 1 Jarm. Wills, 411. See 23 Am. Jur. 277; 1 Pars. Cont. 26. Repugnancy in a condition renders it void. 2 Salk. 463; 2 Mod. 285; 11 Mod. 191; 1 Hawks (N. C.) 20; 7 J. J. Marsh. (Ky.) 192. And see, generally, 3 Pick. (Mass.) 272; 4 Pick. (Mass.) 54; 6 Cow. (N. Y.) 677. In Pleading. An Inconsistency or disagreement between the statements of material facts in a declaration or other pleading; as, where certain timber was said to be for the completion of a house already built. 1 Salk. 213. Repugnancy of immaterial facts, or of redundant and unnecessary matter, if it does not contradict material allegations, will not, in general, vitiate the pleadings. Co. Litt. 303b; 10 East, 142; 1 Chit. PI. 233. See Lawes, PI. 64; Steph. PI. 378; Comyn, Dig. “Abatement” (H 6) ; 1 Viner, Abr. 36; 19 Viner, Abr. 45; Bac Abr. “Amendments, etc,” (E 2), “Pleas” (I 4).

Browse or run a search for Repugnancy 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.

Repugnancy in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Repugnancy in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Repugnancy in the Legal Abbreviations and Acronyms Dictionary.

You might be also interested in these legal terms:

Mentioned in these terms

Inalienability.

Browse

You might be interested in these references tools:

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

Vocabularies (Semantic Web Information)

<

Repugnancy

Repugnancy