Legal Definitions - negative averment

A negative averment is a formal statement made in a legal document, such as a complaint or an answer, that asserts the non-existence of a fact, the non-occurrence of an event, or denies a particular claim. Essentially, it is a declaration that something is not true or did not happen. This type of statement is crucial when a party needs to specifically refute an opponent's claim or establish a defense based on the absence of a particular condition or action.

• Example 1: Contract Dispute

  Imagine a software development company sues a client for unpaid invoices, claiming they delivered the software as agreed. In their defense, the client might file a response containing a negative averment stating that the software company did not deliver the final product by the contractually stipulated deadline, nor did it meet the specified performance requirements. This statement directly denies the software company's claim of full performance.

• Example 2: Property Damage Claim

  Consider a landlord suing a former tenant for extensive damage to an apartment, alleging the tenant caused the damage during their occupancy. The tenant, in their legal response, might include a negative averment stating that they did not cause the specific damages listed in the complaint, and that the property was not in the condition described when they vacated the premises. This directly refutes the landlord's accusation of responsibility for the damage.

• Example 3: Insurance Policy Coverage

  Suppose an individual files an insurance claim for a rare type of property loss. The insurance company might issue a formal denial that includes a negative averment stating that the specific type of loss is not covered under the terms of the policy, or that the policyholder did not provide timely notice of the incident as required by the contract. These statements assert the absence of coverage or compliance, forming the basis for denying the claim.