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Confession and Avoidance

1911 Encyclopedia Britannica

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In pleading, the plea admitting that facts alleged in a declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted. A plea in confession and avoidance neither simply admits nor merely denies; it admits that the facts alleged by the opposite party make out a good prima facie case or defence, but it proceeds to destroy the effect of these allegations either by showing some justification or excuse of the matter charged, or some discharge or release from it. All matter in confession and avoidance must be stated clearly and distinctly, and must be specific. If intended to apply to part only of a statement of claim, it must be so stated.