Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Avoid
ub. To render void <because the restrictive covenant was overbroad, the court avoided it>. 0 because this legal use of avoid can be easily confused with the ordinary sense of the word, the verb to void is preferable.
Avoidable-consequences doctrine
see mitigation-of-damages doctrine. Avoidable cost see cost (i).
Avoidance
n. 1. The act of evading or escaping <avoidance of tax liability>. See tax avoidance. 2. The act of refraining from (something) <avoidance of an argument>. 3. Voidance <avoidance of the agreement>. 4. Confession and avoidance <the defendant filed an avoidance in an attempt to avert liability>. -avoid, ub.
avoidable cost
A cost that can be averted if production is held below a certain level so that additional expenses will not be incurred.
been avoided
See MITIGATION-OF-DAMAGES DOCTRINE.
confession and avoidance
A plea in which a defendant admits allegations but pleads additional facts that deprive the admitted facts of an adverse legal effect. * For example, a plea of contributory negligence (before the advent of comparative negligence) was a confession and avoidance. - Also termed avoidance; plea in confession and avoidance; plea of confession and avoidance.
lien avoidance
Bankruptcy. A debtor's depriving a creditor of a security interest in an asset of the bankruptcy estate. 11 USCA §§ 506(d), 522(f).
plea in confession and avoidance
See CONFESSION AND AVOIDANCE.
plea of confession and avoidance
See CONFESSION AND AVOIDANCE.
tax avoidance
The act of taking advantage of legally available tax-planning opportunities in order to minimize one's tax liability. Cf. TAX EVASION.
unavoidable accident.
An accident that cannot be avoided because it is produced by an irresistible physical cause that cannot be prevented by human skill or reasonable foresight. 0 Examples include accidents resulting from lightning or storms, perils of the sea, inundations or earthquakes, or sudden illness or death. Unavoidable accident has been considered a means of avoiding both civil and criminal liability. - Also termed inevitable accident; pure accident; unavoidable casualty. Cf. ACT OF GOD."An unavoidable accident is an occurrence which was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of reasonable precautions. That is, an accident is considered unavoidable or inevitable at law if it was not proximately caused by the negligence of any party to the action, or to the accident." W. Page Keeton et al., The Law of Torts § 29, at 162 (5th ed. 1984).Uniform Probate Code § 6-201(5).
unavoidable casualty
See unavoidable accident under ACCIDENT.
unavoidable cause
A cause that a reasonably prudent person would not anticipate or be expected to avoid.2. A ground for legal action <the plaintiff does not have cause to file suit>.
unavoidable danger
1. Inescapable danger. 2. A danger that is unpreventable, esp. by a person operating a vessel.
unavoidable-accident doctrine
Torts. - The rule holding no party liable for an accident that was not foreseeable and that could not have been prevented by the exercise of reasonable care. ( The modern trend is for courts to ignore this doctrine, relying instead on the basic concepts of duty, negligence, and proximate cause. - Also termed inevitable-accident doctrine.