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NeCede's

Maxim 8.7.16

Whatever is offered by the defendant as sufficient to defeat the cause of action stated in the plaintiffs declaration, either by way of denial, justification, or confession, is a plea.

Source: Jewett Car Co. v. Kirkpatrick, 107 Fed. 622, 624; Weisman, 87j Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Any matter the defendant raises to defeat the plaintiff's claim — whether denial, justification, or confession and avoidance — constitutes a plea and must conform to the rules of pleading.

Where this applies

  • A defendant in a personal-injury case pleads that the plaintiff signed a liability waiver — that waiver, offered to defeat the claim, is a plea whether it denies, justifies, or confesses the act.
  • A contractor sued for defective work responds by arguing the homeowner approved every change order — this justification offered to defeat the claim constitutes a plea.
  • A debtor responds to a collection suit by admitting the debt existed but asserting it was already paid — this confession and avoidance is a plea under the rules.

Legal domains

Cite this maxim

NeCede Max. 8.7.16 — Whatever is offered by the defendant as sufficient to defeat the cause of action stated in the plaintiffs declaration, either by way of denial, justification, or confession, is a plea. — Jewett Car Co. v. Kirkpatrick, 107 Fed. 622, 624; Weisman, 87j

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