Speaking Demurrer Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Speaking Demurrer, written in plain English, along with examples of how it is used.

What is Speaking Demurrer?

(n) Speaking Demurer is the introduction of evidences, in a lawsuit which establish that the factual positions even though accepted cannot be effectuated because of the legal flaws or failure. For example a plaintiff introduces an evidence that he has demanded the due well before law of limitation starts in a case of demurrer where as defended argues even though the claim is true it cannot be demanded because expiry of time as per limitation act

History and Meaning of Speaking Demurrer

Speaking Demurrer is a legal term used in a lawsuit, which can be traced back to ancient English common law. The demurrer means an objection and it must be made in a formal manner. Essentially, Speaking demurrer is the introduction of evidence that establishes the factual conditions to be true but cannot be effectuated because of legal flaws or failure. It is used when a party believes that, even if all the facts are true, the other party still cannot win the case.

Examples of Speaking Demurrer

  1. In a fraud case, the plaintiff alleged that the defendant sold the securities by making false statements. The defendant argues that even though he might have made false statements, the plaintiff had no right to rely on those statements. This is an instance where Speaking Demurrer can be invoked.

  2. A plaintiff claimed that the defendant engaged in misleading advertising. The defendant argues that a reasonable person would not be misled by the advertisement. Even if the plaintiff's claims are true, they do not amount to a cause of action.

  3. In a negligence case, the plaintiff alleged that the defendant was responsible for an injury. The defendant, in this case, can argue that even if the plaintiff's injuries were the result of the defendant's conduct, the defendant has no legal obligations or duty of care under the circumstances.

Legal Terms Similar to Speaking Demurrer

  1. Demurrer: A pleading used to challenge the legal sufficiency of an opponent's pleading or claim.

  2. Motion to Dismiss: A motion requesting a court to dismiss a case, usually citing the pleading's legal insufficiency.

  3. Summary Judgement: A legal decision rendered by a judge that disposes of all or some part of the case without the need for trial.