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nullity

nullity (n[schwa]l-[schwa]-tee). 1. Something that is legally void (the forged commercial transfer is a nullity). [Cases: Contracts 98, 135. C.J.S. Contracts §§ 137, 139–140, 145, 153–155, 157, 171, 173–174, 185, 188, 280.] 2. The fact of being legally void (she filed a petition for nullity of marriage). absolute nullity. Civil law. 1. An act that

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averment

averment ([schwa]-v[schwa]r-m[schwa]nt), n. A positive declaration or affirmation of fact; esp., an assertion or allegation in a pleading (the plaintiff’s averment that the defendant ran a red light). Cf. ASSEVE-RATE. immaterial averment. An averment that alleges something in needless detail; a statement that goes far beyond what is in issue. • This type of averment

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contract specification defense

contract-specification defense. An affirmative defense that immunizes a contractor from liability for a defect in a product when the contractor has manufactured or performed according to detailed contractual orders. • The defense applies to specialized, single-use components and protects a component supplier from claims of negligent design if the component conforms to the contractual specifications

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senatorial courtesy

senatorial courtesy. 1. The tradition that the President should take care in filling a high-level federal post (such as a judgeship) with a person agreeable to the senators from the nominee’s home state, lest the senators defeat confirmation. [Cases: Judges 3. C.J.S. Judges §§ 12–14.] “The risk of a deadlock is minimized by [the President’s]

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