repugnancy


Also found in: Dictionary, Thesaurus.

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 ?
The next section returns to these conceptual difficulties and discusses them in relation to repugnancy costs.
that 'the principle established in Kable is to be understood as founded on the notions of repugnancy to and incompatibility with institutional integrity': that is a backgrounder, not a rule, as the words 'founded on' make clear.
65) The court decided that focusing on the legislative intent regarding the underlying cause of action granting the foreign judgment, rather than focusing purely on the differences between foreign and domestic law, was a better way to address the repugnancy standard.
Divorce was limited to cases of provable fault or mutual consent; fault itself was vastly redefined to exclude cases of soft fault, such as repugnancy, and in only a few cases of serious fault could the husband actually be forced to divorce his wife or the reverse.
The circumstances of these two dispossessions (in Brno and at Christie's) appear at first sight to be worlds apart; the first evokes images of fear, panic and moral repugnancy whilst the second suggests a sedate, genteel affair in opulent surroundings without a whiff of impropriety.
has reached its height in its anti-DPRK strategy to stand in confrontation with it to the last out of inveterate repugnancy and enmity towards the ideology and social system chosen by the people in the DPRK.
And waiting for five years in repugnancy to the law of Allah is shirk fil itaat (polytheism in obedience) and gumraahi (going astray/apostasy).
Through insolent descriptions of scenes of human suffering, Mainardi achieves that special mixture of amusement and repugnancy found in the grotesque.
Based upon these three factors the Gordon Court found clear repugnancy between the regulatory scheme of the securities law and the antitrust law and held that the securities law precluded application of the antitrust law.
As he walked away, my friend explained to me, "I'm sorry, but I don't feel like being around White people," through a look of combined exhaustion and repugnancy.
A duly enacted law ought not be questioned by the courts unless "it is so obviously repugnant to the constitution that when pointed out by the judges, all men of sense and reflection in the community may perceive the repugnancy.
In that constitution, there is what we call a repugnancy clause, which basically says anything that's inconsistent with Sharia principles is violative of this constitution.