Legal Definitions - immaterial averment

An immaterial averment refers to a statement of fact made in a legal document, such as a complaint or a defense, that is not relevant or essential to the legal issues being decided in the case. While an "averment" is simply an assertion of fact, an "immaterial averment" is one that has no bearing on the outcome of the lawsuit or the legal rights and obligations of the parties involved. It's a detail that, even if true, doesn't help prove or disprove the central claims.

Here are some examples to illustrate this concept:

• Contract Dispute: Imagine a software development company sues a client for non-payment, alleging a breach of their contract. In the client's legal response, they include a statement that the software company's lead developer frequently arrived late to their project meetings by five to ten minutes.

  How it illustrates: The developer's punctuality, while potentially annoying, is an immaterial averment. The core legal issue is whether the software was delivered according to the contract terms and if payment is due. The developer's arrival time, unless it directly caused a contractual failure or delay specified in the contract, does not affect the legal obligations or the breach claim.

• Personal Injury Claim: Consider a lawsuit where a pedestrian sues a driver for injuries sustained in a crosswalk accident, alleging the driver was distracted by their phone. In the pedestrian's complaint, they include a statement that the driver's car was a bright, unusual shade of green.

  How it illustrates: The color of the driver's car is an immaterial averment. The legal focus is on the driver's actions and state of mind (e.g., distraction, negligence) at the time of the collision, and whether those actions caused the pedestrian's injuries. The car's paint color, regardless of how distinctive, has no bearing on whether the driver was at fault or legally liable.

• Property Boundary Dispute: Suppose two neighbors are in a legal dispute over the exact location of their shared property line. One neighbor's legal filing includes a statement that the other neighbor frequently hosts loud parties on weekends.

  How it illustrates: The frequency or volume of the neighbor's parties is an immaterial averment. The legal issue at hand is the precise location of the property boundary, which is determined by deeds, surveys, and property law. The neighbor's social habits, while they might be a source of personal annoyance, do not legally affect where the property line lies.