Avoidance

avoid

avoid [modification of Old French esvuider to destroy, literally, to empty, from es- out + vuider to empty] 1 : to make void or undo : annul [the trustee may any transfer of interest of the debtor in property "U.S. Code"] 2 : to respond to (an allegation or averment) by declaring that facts alleged do not result in liability [averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or ed "Federal Rules of Civil Procedure Rule 8(d)"] see also confession and avoidance compare deny 3 : to prevent the occurrence of or responsibility for esp. through lawful means [ a tax] compare evade avoid·abil·i·ty n avoid·able adj avoid·ance n ...

confession and avoidance

confession and avoidance : a common-law plea in which a party confesses an allegation but alleges additional facts to avoid the intended legal effect of the original allegation compare demurrer ...

Avoidance [fr. vuide, vide, Fr., empty, void, free from], when a benefice is void of an incumbent, in which sense it is opposed to plenarty, Jac. Law Dict. Also the meeting, by new matter, of an opponent's pleading. See CONFESSION AND AVOIDANCE...

Avoided

Avoided, word 'avoided' does not mean 'evaded' and that it has been used in the sense of escapment, Mansukhlal v. CIT, AIR 1969 SC 835 (839): (1969) 73 ITR 546. [Income-tax Act, 1922, s. 28(1)(c)]...

Confession and avoidance, plea of

Confession and avoidance, plea of, a plea in bar, admitting the facts alleged in the declaration to be true, but showing some new facts, tending to obviate their legal effect. All matters in confession and avoidance had before the Judicature Acts to be specially pleaded (Reg. Gen. H.T. 1853, r. 8), and must be so still under the present system of pleading. See STATEMENT OF DEFENCE; CIR-CUITY OF ACTION....

avoidable consequences

avoidable consequences : mitigation of damages ...

Avoidance of a Deed

Avoidance of a Deed. The rendering void or of no effect of a deed, either on account of defective execution, disclaimer, fraud, or otherwise....

Prochein avoidance

Prochein avoidance, a power to appoint a minister to a church when it shall next become void....

Void and voidable

Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...

Land charge

Land charge, means a rent or annuity or principal moneys charged otherwise than by deed upon land under (English) Act of Parliament for securing to any person, the money spent by him, or under that Act, as a charge under the Land Drainage Act, 1861 (see DRAINAGE), or s. 20 of the Agricultural Holdings Act, 1923, for repayment of compensa-tion of tenant's improvements. See s. 4 of the Land Charges Registration and Searches Act, 1888 (51 & 52 Vict. c. 51), by s. 12 of which a 'land charge,' created after the commencement of that Act-i.e., after 1st January, 1889-is void against a purchaser for value of the land charged therewith, unless it has been registered in the 'Register of Charges,' in the manner mentioned in that Act, since transferred to the Land Registry by virtue of the Land Charges Act, 1900 (63 & 64 Vict. c. 26), repealed by the Land Charges Act,1925. By this Act the system of compulsory registration of charges over land has been greatly extended and no purchaser of land woul...

Avoidance - Law Dictionary Search Results