Confessions and Avoidance Law and Legal Definition

Pleas in confessions and avoidance admit openly the truth in averment of the facts in the petition expressly or by implication. Pleas in confessions and avoidance do not contest the facts alleged in the declaration, but alleges new matter which deprive the facts admitted of their ordinary legal effect. By way of confession and avoidance, an affirmative defense defeats the plaintiff’s cause of action. Confession and avoidance is necessary in such a plea. The avoidance must be pleaded coextensively with confession and should be an answer to the matter alleged.