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In conclusion, the main difference between a counterclaim and an affirmative defense is that a counterclaim is a claim made by a defendant against the plaintiff. In contrast, an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.
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.
A Defendant may want to make a new claim of their own against the person that is suing them. This is called a ?counterclaim? or a ?defendant's claim?. Defendants can make a counterclaim if they think that the plaintiff owes them money for something they did.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
Unlike the reply to a defence, which is not mandatory, where the defendant has filed a counterclaim against the claimant, the claimant must file a defence to counterclaim if they dispute the counterclaim claim.
A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.
Example 1: Claim: Some people say that cell phones should be banned from schools, because they distract from learning. Counterclaim: Others say that students should be allowed to carry cell phones for emergency purposes. Rebuttal: There are plenty of other, less-disruptive ways for parents and students to communicate.
The claim is the author's central argument that they are trying to persuade the audience to believe. Counterclaims are arguments of the opposing side which the author will address. Reasoning is the author's logic used to support and prove their claims.