NEGATIVE AVERMENT

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An averment that is negative in form but affirmative in substance and that must be proved by the alleging party. • An example is the statement “she was not old enough to enter into the contract,” which is more than just a simple denial. Cf. TRAVERSE. [Cases: Pleading 78, 119–123. C.J.S. Pleading §§ 160–161, 186–187, 189–190.]

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