1.1Law A formal statement by a party in a case of a fact or circumstance which the party offers to prove or substantiate. ‘In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court. ‘
What does avers mean?
: to assert or declare positively especially in a pleading : allege not necessary to aver the capacity of a party to sue — U.S. Code.
What is a factual averment?
The Definition of Averment From the Latin verificare, or the French averrer, and signifies a positive statement of facts in opposition to argument or inference.
How do you spell averment?
the act of averring. a positive statement.
What is a averment?
Definition of averment 1 : the act of averring. 2 : something that is averred : affirmation.
What is a negative averment?
: a negative statement or allegation (as in a pleading) that constitutes a statement of fact and that must be proved by the party making it a negative averment alleging that the plaintiff did not have the capacity to sue.
What does Avertment mean?
noun. 1. A positive statement of facts; an allegation; an offer to justify or prove what is alleged. noun. The act of averring.
What is a material averment?
Put at its simplest, averments, in the context of a criminal prosecution, are the allegations made in the charge, information or indictment. Those averments which it is essential for the prosecution to prove are known as “material averments”.
What does do not obviate mean?
: to anticipate and prevent (something, such as a situation) or make (an action) unnecessary The new medical treatment obviates the need for surgery.
What protestation means?
Definition of protestation : the act of protesting : a solemn declaration or avowal.
What is a positive averment?
In pleading. A positive statement of facts, in opposition to argument or inference. An offer to prove a plea, or pleading. …
What does averment mean in law?
Law A formal statement by a party in a case of a fact or circumstance which the party offers to prove or substantiate. ‘In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court.’
What is an example of a negative averment?
For example, the negative averment “he is not old enough to marry” really means that “he is too young to marry.” Although one who makes a simple denial in a pleading does not carry the burden of proof, the party who asserts negative averment has the burden to prove the averment’s affirmative substance.
What does the averment of the fact of manufacture mean?
‘In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court.’ ‘Section 144 of the Excise Act, in fact, says that you can rely on an averment to establish a fact, even if it is the ultimate fact, and that has been done in many cases.’
