INDUCEMENT. In Contracts. The bene fit which the promisor is to receive from a contract is the inducement for making it.
In Criminal Law. The motive. Confes sions are sometimes made by criminals under the influence of promises or threats. When these promises or threats are made by per sons in authority, the confessions cannot be received in evidence. See CONFESSION.
In Pleading. The statement of matter which is introductory to the principal sub ject of the declaration or plea, and which is necessary to explain or elucidate it. Such matter as is not introductory to, or neces sary to elucidate the substance or gist of, the declaration, plea, etc., nor collaterally applicable to it, is surplusage.
An inducement is, in general, more a mat ter of convenience than of necessity, since the same matter may be stated in the body of the declaration; but by its use confusion of statement is avoided; 1 Chitty, Pl. 259.
But in many cases it is necessary to lay a foundation for the action by a statement, by way of inducement, of the extraneous or collateral circumstances which give rise to the plaintiff's claim. For instance, in an ac tion for a nuisance to property in the pos session of the plaintiff, the circumstances of his being possessed of the property should be stated as inducement, or by way of in troduction to the mention of the nuisance; 1 Chitty, Pl. 292 ; Steph. Pl. 257.
When a formal traverse is adopted, it should be introduced with an inducement, to show that the matter contained in the trav erse is material; 1 Chitty, Pl. 38. See TRAVERSE ; INNUENDO ; COLLOQUIUM.
In an indictment there is a distinction be tween the allegation of facts constituting the offence, and those which must be averred by way of inducement. In the former case, the circumstances must be set out with particu larity; in the latter, a more general allega tion is allowed. An "inducement to an of fence does not require so much certainty." Com. Dig.. Indictment (G 5). In an indict ment for an escape, "debito modo comm'issus" is enough, without showing by what authori ty; and even "commissus" is sufficient; 1 Ventr. 170. So, in an indictment for diso bedience to an order of justices for payment of a church-rate, an averment, by way of in ducement, that a rate was duly made as by law required, and afterwards duly allowed, and that the defendant was by it duly rated, was held sufficient, without setting out the facts which constituted the alleged due rat ing, etc., although in the statement of the of fence itself it would not have been sufficient; 1 Den. Cr. Cas. 222.