departure

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See: abandonment, abdication, absence, death, demise, desertion, detour, deviation, difference, digression, discrepancy, egress, end, extremity, flight, indirection, innovation, leave, nonconformity, quirk, relinquishment, removal, resignation, termination

DEPARTURE, pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pursuant to the declaration, or plea, and which does not support and fortify it. Co. Litt. 304, a; 2 Saund. 84, a, n. (1); 2 Wils. 98; 1 Chit. Pl. 619. The following example will illustrate what is a departure: if to assumpsit, the defendant plead infancy, and to a replication of necessaries, rejoin, duress, payment, release, &c., the rejoinder is a departure, and a good cause of demurrer, because the defendant quits or departs from the case or defence which he first made, though either of these matters, newly pleaded, would have been a good bar, if first pleaded as such.
     2. A departure in pleading is never allowed, for the record would, by such means, be spun out into endless prolixity; for he who has departed from and relinquished his first plea, might resort to a second, third, fourth, or even fortieth defence; pleading would, by such means, become infinite. He who had a bad cause, would never be brought to issue, and he who had a good one, would never obtain the end of his suit. Summary on Pleading, 92; 2 Saund. 84, a. n. (l); 16 East, R. 39; 1 M. & S. 395 Coin. Dig. Pleader, F 7, 11; Bac. Abr. Pleas, L; Vin. Abr. Departure; 1 Archb. Civ. Pl. 247, 253; 1 Chit. Pl. 618.
     3. A departure is cured by a verdict in favor of him who makes it, if the matter pleaded by way of departure is a sufficient answer, in substance, to what is before pleaded by the opposite party; that is, if it would have been sufficient, if pleaded in the first instance. 2 Saund. 84 1 Lill. Ab. 444.

DEPARTURE, maritime law. A deviation from the course of the voyage insured. 2. A departure is justifiable or not justifiable it is justifiable ill consequence of the stress of weather, to make necessary repairs, to succor a ship in distress, to avoid capture, of inability to navigate the ship, mutiny of the crew, or other compulsion. 1 Bouv. Inst. n. 1189.

References in periodicals archive ?
In the '70s she abandoned traditional modes of depiction to undertake an array of practices whose point of departure is her own body.
Taking as a point of departure the notion that captivity marks the life of Cervantes, and that the trauma of the experience, not easily available to consciousness, poignantly haunts the author's texts, Maria Antonia Garces provides new and fascinating interpretations of Cervantes' texts and provides useful materials dealing with Cervantes' captivity in Algiers (1575-80).
It's not a bad thing, but it should not be the point of departure.
xi) in the Civil War serves as Royster's point of departure.
Digital prints scanned from the artist's archive offer the point of departure for swift, very free painting rich in ornament.
Daniel Menager takes as his point of departure Tasso's dialogue, "II Messagiero," in which the poet compares angels and ambassadors, since both are go-betweens.
As with his Looking Through last season, inspired by Mark Rothko's paintings, Synergy also uses visual imagery as its point of departure.
Like Will Alsop's Hamburg ferry terminal (AR September 1993), Takamatsu's makes an explicit visual connection between the point of departure and the ships and water beyond.