See also:

• CONFESSION (Lat. confessio, from confiteor, acknowledge, confess)

CONFESSION AND AVOIDANCE  , in See also:

• PLEADING (Fr. plaider, plaidoyer)

pleading, the plea admitting that facts alleged in a See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted . A plea in See also:

• CONFESSION (Lat. confessio, from confiteor, acknowledge, confess)

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, JOHN MASON (1764-1827)

good prima facie See also:

• CASE
• CASE, JOHN (d. 1600)

case or See also:

• DEFENCE
• DEFENCE (Lat. defendere, to defend)

defence, but it proceeds to destroy the effect of these allegations either by showing some See also:

• JUSTIFICATION

justification or excuse of the See also:

• MATTER

matter charged, or some See also:

• DISCHARGE (adapted from the O. Fr. discharge, modern decharge, from a med. Lat. discargare, to unload, dis- and earn care, to load, cf. " charge ")

discharge or See also:

• RELEASE (O.Fr. reles, variant of relais, from relaisser, to release, let go, Lat. relaxare)

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

part only of a statement of claim, it must be so stated .