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 classic literature ?
A Departure, the last professional sight of land, is always good, or at least good enough.
Now these men, as clever as they were daring, had survived the terrible shock consequent on their departure, and it is their journey in the projectile car which is here related in its most dramatic as well as in its most singular details.
Thus did Sancho soliloquise on the day of their departure, as Don Quixote, who had the night before taken leave of the duke and duchess, coming out made his appearance at an early hour in full armour in the courtyard of the castle.
I left Conseil to stow our trunks conveniently away, and remounted the poop in order to survey the preparations for departure.
Under his arm might have been observed a red-bound copy of Bradshaw's Continental Railway Steam Transit and General Guide, with its timetables showing the arrival and departure of steamers and railways.
Nothing had been heard of them since their departure from the Arickara village; Lisa, who parted from them there, had predicted their destruction; and some of the traders of the Northwest Company had actually spread a rumor of their having been cut off by the Indians.
Departures are scheduled on alternate Fridays through March.
The average departures from Incheon airport in January were on time in 50 percent of cases.
Considering both departures follow the back course for the localizer of 16R, why the drastic difference in the minimum climb gradients?
Online check-in is available 48 hours before flight departures while check-in counters in Dubai open six hours before flight departure.
2 NIGHTS FROM PS199pp Berlin Departures until October 2015 Price Includes: Return direct flights from Bristol to Berlin Airport taxes and hand luggage 2 nights central 3?
OPPOSITION parties want pay-offs for public sector workers to be "fair and proportionate" after it was revealed PS254m has been spent on early departures in the past four years.