Departure
Legal Definition and Related Resources of Departure
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Departure
In pleading , a departure is said to exist where a party quits or departs from the case or defense which he has first made, and has recourse to another. warren v Powers, 5 Conn. 373. Where a departure relates to material averments the court is entitled to ignore the pleading that constitutes departure.
Departure Alternative Definition
In Maritime Law. A deviation from the course prescribed in the policy of insurance. It may be justifiable. See "Deviation." In Pleading, The statement of matter in a replication, rejoinder, or subsequent pleading, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify it. 3 Bl. Comm. 301. Where a party quits or departs from the case or defense he has just made, and has recourse to another. 13 N. Y. 89.
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Departure in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
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Mentioned in these terms
Assumption Of Risk, Deviation, Joint Tenancy, Shop Book Rule, Start.
Translate Departure from English to Spanish
Translation of Departure, with examples. More about free online translation into Spanish of Divergencia and other legal terms is available here.
Divergencia
Desviación
Nuevo curso
Apartarse
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This definition of Departure is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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English Legal System: Departure
In the context of the English law, A Dictionary of Law provides the following legal concept of Departure:
The introduction of a new allegation of fact or the raising of a new ground or claim inconsistent with the party's earlier claim. Departure is not permitted by the Civil Procedure Rules, but it does not prevent the *amendment of documents used in litigation provided that the amended documents do not contain any departure. The principal effect of the rule is to prevent a claimant from setting up in his *reply a new claim that is inconsistent with the cause of action alleged in the particulars of claim.
Departure
Departure