Confession And Avoidance

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.

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; Dy. 171 6; or in effect. They must conclude with a verification; 1 Saund. 103, n. 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

A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts admitted of their ordinary legal effect, or to obviate, neutralize, or avoid them.

Defined under Confession in Black's Law Dictionary.

A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the declaration, cither expressly or by impliertion, but then proceeds to allege new matter which tends to deprive the facis admitted of their ordinary legal effect, or to obviate, neutralize, or avoid them.

Pleas are so termed which impliedly admit the facts alleged iu the declaration, but aver more facts which obviate their legal effect; the ordinary special plea; v. Plea.

In pleading. The admission of the truth of a statement of fact contained in the pleading of the opposite party, coupled with the allegation of a new fact, which obviates or repels its legal effect, and thus avoids it. A pleading framed upon this principle is called a pleading in confession and avoidance, or by way of confession and avoidance. Steph. Plead. 52, 198, 200. 3 Bl. Com. 310. Thus, where a release is pleaded in bar to a declaration, the plaintiff may reply, admitting the execution of the release, but avoiding the legal effect of that fact, by stating a new fact, viz. that it was obtained by fraud or the like. The admission, however, in these cases is never made in express terms, though it must always be distinctly implied in, or inferable from the matter of the pleading. Steph. Pl. 200.