repugnancy


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Repugnancy

An inconsistency or opposition between two or more clauses of the same deed, contract, or statute, between two or more material allegations of the same Pleading or between any two writings.

Inconsistent defenses or claims are permitted under the Federal Rules of Civil Procedure.

Cross-references

Civil Procedure.

See: disapprobation

repugnancy

the making of a bequest by a testator that also tries to prevent the beneficiaries' rights of ownership. It is generally not allowed.

REPUGNANCY, contracts. That which in a contract, is inconsistent with something already contracted for; as, for example, where a man by deed grants twenty acres of land, excepting one, this latter clause is repugnant, and is to be rejected. But if a farm or tract of land is conveyed by general terms, in exception of any number of acres, or any particular lot, it is not repugnant, but valid. 4 Pick. 54; Vide 3 Pick. 272; 6 Cowen, 677.

REPUGNANCY, pleading. Where the material facts stated in a declaration or other pleading, are inconsistent one with another for example, where in an action of trespass, the plaintiff declared for taking and carrying away certain timber, lying in a certain place, for the completion of a house then lately built; this declaration was considered bad, for repugnancy; for the timber could not be for the building of a house already built. 1 Salk. 213.
     2. Repugnancy of immaterial facts, and what is merely redundant, and which need not have been put into the sentence, and contradicting what was before alleged, will not, in general, vitiate the pleading. Gilb. C. P. 131; Co. Litt. 303 b; 10 East, R. 142; 1 Chit. Pl. 233. See Lawes, Pl. 64; Steph. Pl. 378; Com. Dig. Abatement H 6; 1 Vin. Ab. 36; 19 Id. 45; Bac. Ab. Amendment, &c. E 2 Bac. Ab. Pleas, Ac. I 4 Vin. Ab. h.t.

References in periodicals archive ?
68) The court also further clarified the public policy exception in the Uniform Act, and reinforced the difficulty of meeting the repugnancy standard.
damages, as a method of punishing repugnancy, must serve the purpose of
repugnancy, may substitute their own pleasure to the constitutional
Social movements' on the Left as well as political parties, after the initial reaction of repugnancy for all things 'feminist', were also all too keen to harbour women's initiatives especially in the period of transition to democracy, or abertura (Drogus 1999, Schmink 1981).
Despite the paradigm's repugnancy, irrationality, and immorality, one cannot help but stand genuinely in awe of its ambitious nature and the success it has already achieved in placing certain anthropic concepts off-limits in polite discussion.
where there is a 'plain repugnancy between the antitrust and
Contrasting, negative associations occur when Ishmael thinks of the dangers, for seamen, of milk-white fog and of the repugnancy of albino men and creatures.
the States, or there is a direct repugnancy or incompatibility in
68) The provision creates a repugnancy clause that requires all legislation to be measured against the moral and religious standards established by Islam; those that do not measure up will be deemed a violation of the constitution.
More specifically, it needs some general doctrines--doctrines applying to all types of action prohibited by a criminal code--in order to avoid an ungodly repugnancy and a woeful incompleteness.
However the new law was also a legislative response to moral revulsion and public outcry towards these crimes and in this sense resembled the repugnancy laws which prohibited particularly abject cultural practices.
Part of the play's scandal is that Shylock wants to be hated, to the extent that "his own repugnancy forces others to reveal themselves or hide themselves more deeply" (149).