Remedial Law
Updated 28th May 2025
Denial
D

Denials are typically part of negative defenses. A negative defense involves the specific denial of the material fact or facts alleged by the claimant that are essential to their cause of action. The purpose of requiring specific denials is to compel parties to disclose the matters they intend to disprove and the basis for their denial, reducing the controversy to its true terms. If a denial is not specific, it is considered general, which amounts to an admission.

Types of specific denials:

  • Absolute Denial: The defendant specifies each material allegation of fact they do not admit and, whenever practicable, sets forth the substance of the matters supporting the denial.
  • Partial Denial: The defendant denies only a part of an averment, specifying the portion that is true and material and denying only the remainder.
  • Denial by Disavowal of Knowledge: The defendant states they are without knowledge or information sufficient to form a belief as to the truth of a material averment in the complaint. This type of denial has the effect of a denial. However, it must be made sincerely and in good faith. Claims of "ignorance or lack of information" are not considered specific denials when the matters are plainly and necessarily within the defendant's knowledge or could have easily been known. Denials based on lack of knowledge about signing a document when the facts show it was executed are considered in bad faith and amount to an admission.

Another concept is a Negative Pregnant, which is not considered a specific denial but an admission. It is a denial that implies an affirmative, admitting the substantial facts alleged in the pleading that are not squarely denied.

Failure to specifically deny material averments in a pleading asserting a claim results in those averments being deemed admitted. Exceptions to this rule include averments as to the amount of unliquidated damages, conclusions in a pleading, and non-material averments. Specific denials of actionable documents or allegations of usury must be made under oath.