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Simple English definitions for legal terms
cure by verdict
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A quick definition of cure by verdict:
Cure by verdict is a legal term that means fixing a mistake in a legal document by using the decision made by a judge or jury in a trial. This happens when the necessary facts were not specifically mentioned in the document, but the evidence presented in the trial proves those facts. It is also called aider by verdict. This process can only be used to fix mistakes in the essential parts of a legal document, not in the title or cause of action.
A more thorough explanation:
Cure by verdict, also known as aider by verdict, is a legal term that refers to the cure of a defect in a pleading by a trial verdict. This is based on the presumption that the record contains sufficient evidence of the necessary facts, even if those facts were not specifically alleged in the pleading.
For example, if a plaintiff files a complaint that does not include all the necessary elements of a cause of action, but the evidence presented at trial proves those elements, the verdict in favor of the plaintiff can cure the defect in the pleading.
However, it is important to note that a verdict cannot cure a defect in a title or cause of action that is inherently defective.
Overall, cure by verdict is a way to ensure that a party is not unfairly penalized for a defect in their pleading, as long as the necessary facts are proven at trial.