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 ?
In terms of the competing discourses of custom and positivist law, the Papua New Guinea courts have denied the validity of the custom discourse in a number of cases by applying the repugnancy test.
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.
However, the Pakistan Constitution names Islam as the official religion of the state, and has a repugnancy clause requiring that all laws passed by the state be consistent with the teachings of Islam.
The Supreme Court characterized the standard for implied immunity as one of "plain repugnancy" between antitrust enforcement and regulation.
The repugnancy clauses are notorious today because they reflect an assumption of cultural superiority.
The Act also explicitly recognizes polygamous customary marriages, and does not subject customary matrimonial law to a repugnancy clause.
Later, Locke pragmatically defines knowledge as "nothing but the perception of the connexion of and agreement, or disagreement and repugnancy of any of our ideas.
Both, however, have repugnancy clauses that prohibit any law from being contrary to Islam.
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.
(75) Simultaneous application of the general and specific regulations would result in "clear repugnancy" (76) because "evidence tending to show unlawful antitrust activity and evidence tending to show lawful securities marketing activity may overlap, or prove identical." (77) It is difficult to know what is permitted or required by the sectoral regulation, which is why a specialized regulator is appointed.
In such a case, one might make an argument similar to the rationale for the implied immunity doctrine, which immunizes actors from antitrust liability when there is a clear repugnancy between the securities laws and antitrust principles.
(2) See, eg, ALRC, above n 1, [7.89] (citations omitted), noting that '[r]epresentative proceedings legislation was received with trepidation by some potential respondents, concerned at "legal entrepreneurialism", "US style litigation" and "sensational" claims'; Williams v FAI Home Security Pty Ltd [No 3] [2000] FCA 1438 (Unreported, Goldberg J, 13 October 2000) [15], where the applicants sought an order for the correction of a notice because 'the incorrect statement as to the solicitors using the American contingency fee basis is calculated to evoke the repugnancy to American contingency fee litigation which is widespread in Australia'.