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LSDefine

Simple English definitions for legal terms

immaterial averment

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A quick definition of immaterial averment:

Term: IMMATERIAL AVERMENT

Definition: An immaterial averment is a statement that is not relevant or necessary to prove a legal claim. Averment means a positive declaration or statement. So, an immaterial averment is a statement that does not add any value to the case. For example, if someone is suing for breach of contract, stating their favorite color would be an immaterial averment because it has nothing to do with the case.

A more thorough explanation:

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.

IMLS | immaterial fact

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