Affirmative Defenses In California With Contract
Description
How to fill out Answer With Specific Denials And Admissions Along With Denial Of Sufficient Knowledge Or Information To Form A Belief As To Certain Allegations?
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FAQ
If you were not legally able to agree to the contract, you might argue that you lacked capacity. For example, if a fast-talking salesman got you to agree to buy a home exercise machine, but you are a minor, you can argue that the contract is not enforceable against you because you lacked capacity.
Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. If you want the court to consider your legal defenses you MUST include them in your Answer. Therefore, any possible defense you might want the court to consider at trial should be in your Answer.
An affirmative defense is one of the most common types of defenses against a breach-of-contract claim. In an affirmative defense, you do not contest the claims of the plaintiff; however, you do contest that there were additional factors that render the breach of contract claim irrelevant.
If you file an Answer to the lawsuit and defend yourself in court, you can state an affirmative defense. You can deny what the plaintiff says you did without saying anything else. But you can also have affirmative defenses. You must raise it in your Answer or you may give up your right to bring it up later.
An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.