A making void, or of no effect; annulling, cancelling; escaping or evading. In English ecclesiastical law. The term describes the condition of a benefice when it has no incumbent. In parliamentary language, avoidance of a decision signifies evading or superseding a question, or escaping the coming to a decision upon a pending question. Holthouse. In pleading. The allegation or statement of new matter, in opposition to a former pleading, which, admitting the facts alleged in such former pleading, shows cause why they should not have their ordinary legal effect.
Law Dictionary – Alternative Legal Definition
(1) eccl. law. It is when a benefice becomes vacant for want of an incumbent; and, in this sense, it is opposed to plenary. Avoidances are in fact, as by the death of the incumbent or in law. (2) pleading. The introductiou of new or special matter, which, admitting the premises of the opposite party, avoids or repels his conclusions. Gould on PI. c. 1 24, 42.