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CONFESSION AND AVOIDANCE

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Originally appearing in Volume V06, Page 905 of the 1911 Encyclopedia Britannica.
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CONFESSION AND AVOIDANCE , in See also:pleading, the plea admitting that facts alleged in a See also: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 See also:good prima facie See also:case or See also:defence, but it proceeds to destroy the effect of these allegations either by showing some See also:justification or excuse of the See also:matter charged, or some See also:discharge or See also:release from it. All matter in confession and avoidance must be stated clearly and distinctly, and must be specific. If intended to apply.to See also:part only of a statement of claim, it must be so stated.

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