Repugnancy
Legal Definition and Related Resources of Repugnancy
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Repugnancy
The state of being contradictory, inconsistent. In a legal instrument , one clause is said to be repugnant to another where the two clauses are either contradictory or inconsistent with each other. Irreconcilable, incompatible, adverse. In relation to pleadings, it means the affirmation of a cause of action in one count and the denial of the same in another. It is an inconsistency or disagreement between statements of fact.
Repugnancy Alternative Definition
(Lat. re, back, against, pugnare, to fight). In Contracts. A disagreement or inconsistency between two or more clauses of the same instrument. In deeds, and other instruments inter vivos, the earlier clause prevails, if the inconsistency be not so great as to avoid the instrument for uncertainty. Hardw. 94; Owen, 84; 2 Taunt. 109; 15 Sim. 118; 2 C. B. 830; 13 Mees. & "W. 534. In wills, the latter clause prevails, under the same exceptions. Co. Litt. 112b; Plowd. 541; 2 Taunt. 109; 6 Ves. 100; 2 Mylne & K. 149; 1 Jarm. Wills, 411. See 23 Am. Jur. 277; 1 Pars. Cont. 26. Repugnancy in a condition renders it void. 2 Salk. 463; 2 Mod. 285; 11 Mod. 191; 1 Hawks (N. C.) 20; 7 J. J. Marsh. (Ky.) 192. And see, generally, 3 Pick. (Mass.) 272; 4 Pick. (Mass.) 54; 6 Cow. (N. Y.) 677. In Pleading. An Inconsistency or disagreement between the statements of material facts in a declaration or other pleading; as, where certain timber was said to be for the completion of a house already built. 1 Salk. 213. Repugnancy of immaterial facts, or of redundant and unnecessary matter, if it does not contradict material allegations, will not, in general, vitiate the pleadings. Co. Litt. 303b; 10 East, 142; 1 Chit. PI. 233. See Lawes, PI. 64; Steph. PI. 378; Comyn, Dig. "Abatement" (H 6); 1 Viner, Abr. 36; 19 Viner, Abr. 45; Bac Abr. "Amendments, etc," (E 2), "Pleas" (I 4).
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