Legal Definitions - immaterial averment

Definition: An immaterial averment is a statement made in a legal document that is not relevant to the case at hand and does not affect the outcome of the case. Example: In a lawsuit for breach of contract, the plaintiff includes a statement in their complaint that they have a pet dog. This statement is an immaterial averment because it has no bearing on the breach of contract claim. Explanation: The example illustrates that an immaterial averment is a statement that is not necessary or relevant to the legal claim being made. In this case, the fact that the plaintiff has a pet dog has no connection to the breach of contract claim and therefore does not affect the outcome of the case.