Legal Definitions - averment

An averment is a formal and positive statement of fact made by a party in a legal document, such as a complaint, answer, or motion. It is a declaration that a specific fact is true and that the party intends to prove it as part of their legal argument or defense.

• Example 1: Personal Injury Lawsuit

  In a lawsuit where a person claims they were injured due to a slippery floor in a store, their legal complaint might contain the averment: "The defendant's grocery store aisle was wet and lacked any warning signs on the afternoon of July 10, 2023."

  This statement is an averment because it is a direct, positive declaration of a specific fact (the wet floor and lack of signs) that the injured person asserts to be true and intends to prove to establish the store's negligence.

• Example 2: Contract Dispute

  When one business sues another for failing to fulfill an agreement, the plaintiff's complaint might include the averment: "The defendant failed to deliver the 1,000 custom-manufactured parts by the contractual deadline of September 30, 2024."

  This is an averment because it is a precise, factual assertion about the defendant's failure to perform under the contract, which the plaintiff declares to be true and central to their claim for breach of contract.

• Example 3: Property Boundary Dispute

  In a legal dispute between neighbors over the exact location of their shared property line, one neighbor's response might include the averment: "The existing stone wall has served as the recognized property boundary between the two parcels for the past 45 years, without objection from previous owners."

  This statement is an averment as it is a positive declaration of a historical fact (the wall's long-standing use as a boundary) that the neighbor asserts as true and intends to rely upon to support their claim regarding the property line.