An immaterial averment is a statement that is irrelevant or unnecessary to prove a legal claim. Averment refers to a positive declaration or statement. Therefore, an immaterial averment is a statement that does not contribute to the case. For instance, in a breach of contract lawsuit, mentioning one’s favorite color would be considered an immaterial averment as it is unrelated to the case.
An immaterial averment is a statement in a legal document that is irrelevant to the case and does not impact the outcome. For instance, in a breach of contract lawsuit, the plaintiff’s mention of owning a pet dog in their complaint is an immaterial averment as it has no relevance to the breach of contract claim. This example demonstrates that an immaterial averment is a statement that is unnecessary and does not affect the legal claim being made.
An immaterial averment is a statement or allegation made in a legal document that is not relevant or necessary to the case.
No, an immaterial averment is not considered relevant or admissible evidence in court.
If an immaterial averment is included in a legal document, it may be disregarded by the court or stricken from the record.
To avoid including immaterial averments in your legal documents, carefully review and edit your statements to ensure they are relevant and necessary to your case.
No, an immaterial averment cannot be used to support a legal claim as it is not considered relevant or necessary to the case.
A material fact is a statement or allegation that is relevant and necessary to a legal case, while an immaterial averment is not.
No, an immaterial averment cannot be used to challenge the credibility of a witness as it is not considered relevant or admissible evidence.
There is no purpose to including immaterial averments in a legal document as they are not relevant or necessary to the case.
No, an immaterial averment cannot be used to support a defence in a legal case as it is not considered relevant or necessary to the case.
To ensure that your legal documents do not contain immaterial averments, carefully review and edit your statements to ensure they are relevant and necessary to your case. You may also seek the advice of a legal professional to assist you in drafting your documents.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/immaterial-averment/
- Modern Language Association (MLA):Immaterial Averment. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/immaterial-averment/.
- Chicago Manual of Style (CMS):Immaterial Averment. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/immaterial-averment/ (accessed: May 09 2024).
- American Psychological Association (APA):Immaterial Averment. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/immaterial-averment/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts