Confession And Avoidance Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Confession And Avoidance, written in plain English, along with examples of how it is used.
What is Confession And Avoidance?
It refers to the acceptance of the defendant to the allegations put forward by the plaintiff in the lawsuit, but provides such facts and evidence which nullifies the effect of such allegation and proves that the case does not stand against him/her. So theres acceptance of the allegation and strong evidence to avoid legal action on it..
History and Meaning of Confession And Avoidance
Confession and avoidance is a legal term that originates from the English common law system. It is a defense strategy used by defendants in a lawsuit that involves accepting the plaintiff's claims and then providing evidence to show that those claims have no legal effect. Confession and avoidance serves to admit the facts alleged by the plaintiff, but then introduces new information that allows the defendant to avoid legal liability.
Examples of Confession And Avoidance
- In a breach of contract lawsuit, the defendant confessees to breaking the contract while providing evidence that shows the plaintiff also broke the contract. The defendant is confessing to the breach while also avoiding liability.
- In a personal injury lawsuit, the defendant may admit to causing the injury but provide evidence that the plaintiff was also at fault. The defendant confesses to the act of causing injury while avoiding full legal responsibility.
- In a defamation lawsuit, the defendant may admit to making the statement but argue that the statement was true. The defendant confesses to making the statement but avoids liability by showing that it was not defamatory.
Legal Terms Similar to Confession And Avoidance
- Estoppel: An equitable doctrine that prevents a party from denying or asserting something in court that contradicts what they have previously said or done.
- Laches: A defense strategy that argues that the plaintiff waited too long to bring the claim, and as a result, the defendant's ability to defend themselves has been prejudiced.
- Res Judicata: A principle that states that once a final judgment has been made in a case, the same parties cannot bring the same claim or issue to court again.