Legal Definitions - confession and avoidance

Definition: Confession and avoidance is a legal term used when a defendant admits to the facts of a claim but also adds facts that would constitute a defense. The added facts change the situation so that the defendant’s actions were justified or excused. This is an outdated form of pleading and has been replaced with new pleading rules for defenses.

Example 1: A person is accused of stealing a car. They admit to taking the car but claim that they did so because they were being chased by someone who was trying to harm them. This is an example of confession and avoidance because the defendant admits to taking the car but also adds facts that would constitute a defense.

Example 2: A person is accused of assault. They admit to hitting the other person but claim that they did so in self-defense. This is another example of confession and avoidance because the defendant admits to hitting the other person but also adds facts that would constitute a defense.

These examples illustrate how confession and avoidance works in a legal context. The defendant admits to the facts of the claim but also adds additional information that would justify their actions. This is no longer an accepted form of pleading and has been replaced with new rules for defenses.