Confession and Avoidance

• Author: Jeffrey Lehman, Shirelle Phelps

Page 83

A form of plea that served as the formal answer to a plaintiff's complaint or declaration.

Under the old system of COMMON-LAW PLEADING, a defendant might choose to respond to the plaintiff's claim with a plea of confession and avoidance. By that, the defendant acknowledged the truth of the allegations in the plain-tiff's declaration, either specifically or by implication, and then asserted that there were additional facts that neutralized...