A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. A waiver is the intentional and voluntary giving up of something. A default in the performance of a contract may be waived.
The Second Defense of this form gives an example of pleading such a defense and is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
A Montana Answer, filed by the Defendant in a Civil Lawsuit, serves as their response to the allegations made by the Plaintiff. In the case where the Defendant is relying on the affirmative defense of the Cause of Action being Barred by Waiver of Terms of Contract by the Plaintiff, the Defendant's Answer will provide a detailed explanation of this defense. Keywords: Montana Answer, Defendant, Civil Lawsuit, Affirmative Defense, Cause of Action, Barred, Waiver of Terms of Contract, Plaintiff. Types of Montana Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by Waiver of Terms of Contract by Plaintiff: 1. General Denial Answer: The Defendant denies the Plaintiff's claim and asserts that the cause of action is barred due to the Plaintiff waiving the terms of the contract. In this type of Answer, the Defendant will explain how the contract was waived and provide evidence supporting their claim. 2. Affirmative Defense Answer: Besides denying the Plaintiff's allegations, the Defendant also affirmatively asserts that the cause of action is barred due to the Plaintiff's waiver of the terms of the contract. In addition to explaining the waiver, the Defendant may raise other defenses, such as statute of limitations or lack of consideration, depending on the circumstances of the case. 3. Counterclaim Answer: In some instances, the Defendant may not only respond to the Plaintiff's allegations but also assert their own claims against the Plaintiff. While alleging that the Plaintiff's cause of action is barred by the waiver of the contract terms, the Defendant may present a counterclaim seeking damages or other relief based on the Plaintiff's actions. It is important to note that the types of Montana Answers mentioned above are not exhaustive and can vary based on the specific circumstances of the case. The Defendant's attorneys will tailor the Answer to best represent the Defendant's position, arguments, and potential defenses.
