avoidance

An escape from the consequences of a specific course of action through the use of legally acceptable means. Cancellation; the act of rendering something useless or legally ineffective.

A taxpayer may take all legally recognized deductions in order to minimize the Income Tax liability. This conduct is called tax avoidance and is legal. If, however, a taxpayer claims deductions to which he or she is not entitled so that the individual pays less income tax than is actually owed, then the taxpayer has committed Tax Evasion, a crime punishable by a fine, imprisonment, or both.

A plea in confession and avoidance is one that admits the truth of allegations made in former Pleading but presents new information that neutralizes or avoids the legal ramifications of those admitted facts.

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avoidance (Cancellation), noun abrogation, annulling, annulment, cancelling, cessation, discontinuation, dismissal, invalidation, making useless, nullifying, removal, rendering void, rescission, setting aside, vacation, voidance
Associated concepts: avoidable preference, avoidance of contract, avoidance of will
Foreign phrases: Falsa demonstratione legatum non perrmi.A legacy is not nullified by an erroneous description.

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avoidance (Evasion), noun bypass, detour, dodge, elusion, eschewment, evasion, evasive action, parrying, refraining, retreat, shunning, sidestep
Associated concepts: avoidable consequences, avoidance by the courts of question of constitutionality, avoidance of connequences, avoidance of risk, confession and avoidance, last clear chance, pleading in avoidance

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See also: absence, abstention, boycott, default, evasion, exclusion, flight, nonperformance, odium, ostracism

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AVOIDANCE, eccl. law. It is when a benefice becomes vacant for want of an incumbent; and, in this sense, it is opposed to plenarty. Avoidances are in fact, as by the death of the incumbent or in law.

AVOIDANCE, pleading. The introduction of new or special matter, which, admitting the premises of the opposite party, avoids or repels his conclusions. Gould on Pl. c. 1 Sec. 24, 42.