negative averment

An averment that is negative in form but affirmative in substance and that must be proved by the alleging party.

• An example is the statement “she was not old enough to enter into the contract,” which is more than just a simple denial. Cf. TRAVERSE. [Cases: Pleading 78, 119–123. C.J.S. Pleading §§ 160–161, 186–187, 189–190.]

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词条贡献者

译者筠怡，毕业于法国顶尖的高级翻译学院，擅长翻译各种与产品责任与集体侵权诉讼相关的法律文件。