Disaffirmance Law & Legal Definition


Disaffirmance is the denial or nullification of the existence of something or repudiation of an earlier transaction. It can also refer to a declaration that a voidable contract is void. In other words, it is an act by which a person who enters into a voidable contract declares that s/ he will not abide by it. For example, an infant declaring that s/he will not abide by a voidable contract.

Disaffirmance may be express or implied. It is express when declaration is made in terms that the party will not abide by the contract. It is implied, when one does an act which plainly manifests that person’s determination not to abide by it. For example, where an infant made a deed for his/her land and on coming of age made a deed for the same land to another. Disaffirmance of judgment is the annulment of a decision by a superior tribunal.