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When a defendant alleges comparative or contributory negligence as an affirmative defense, he is claiming that the plaintiff did something to cause the wreck. Sometimes it is hard to determine who is at fault after an auto accident.
Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.
The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury. Statute of limitations, which prevents a party from prosecuting a claim after the limitations period has expired.