Affirmative Defense - Examples

Examples

  • civil law
    • accord and satisfaction
    • assumption of risk (when the plaintiff knowingly entered into a dangerous situation)
    • authority
    • consent
    • defense of property
    • estoppel
    • contract specification
    • contractual provision (when the defendant's liability for causing the plaintiff's injuries had been waived in the contract; however, these provisions are typically unconscionable in many situations.)
    • contributory negligence (when the plaintiff's actions contributed to his own injury)
    • fair use
    • laches (similar to statute of limitation)
    • merger doctrine
    • repossession
    • statute of frauds
    • statute of limitations (too much time has elapsed between the tort and the complaint)
    • waiver
  • criminal law
    • insanity defense
    • necessity
    • duress
    • self defense
    • statute of limitation
    • truth

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