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.
An Oregon 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 is a legal response filed by a defendant in a civil lawsuit in Oregon. This type of answer is typically used when a defendant believes that the plaintiff's cause of action is barred due to the plaintiff's waiver of terms of contract. The following is a detailed description of this legal document: 1. Introduction: The answer begins with a caption identifying the court, parties involved, and the case number. It should also state that this is the answer of the defendant to the plaintiff's complaint. 2. Denial and Affirmative Defense: The defendant denies any allegations in the plaintiff's complaint that support the cause of action. Specifically, the defendant asserts that the plaintiff waived certain terms of the contract, which the plaintiff alleges was breached. 3. Waiver of Terms of Contract: The defendant elaborates on the affirmative defense by providing specific details regarding the waiver of terms of the contract. This may include the date, circumstances, and actions illustrating how the plaintiff waived their rights under the agreement. 4. Contractual Provisions: The defendant may also reference specific provisions within the contract that were waived by the plaintiff. This helps substantiate the defendant's claim that the plaintiff's cause of action is barred due to the non-enforcement of contractual terms. 5. Supporting Evidence: The defendant may attach any evidence, such as emails, correspondence, or agreements, that demonstrate the plaintiff's waiver of contract terms. These documents strengthen the defendant's argument and provide tangible evidence for the court to consider. 6. Counterclaims or Cross-Claims (if applicable): If the defendant has any counterclaims or cross-claims against the plaintiff, they can be included in this answer. However, if these claims are not relevant to the affirmative defense of waiver, they should be addressed separately. Types of Oregon Answers by Defendants Alleging the Affirmative Defense of the Cause of Action being Barred by Waiver of Terms of Contract by Plaintiff: 1. General Answer Alleging Affirmative Defense of Waiver: This type of answer is filed when the defendant believes that the plaintiff waived specific terms of the contract, leading to the barring of the cause of action. 2. Jury Demand: If the defendant wishes to have a jury trial, they can include a separate section demanding a jury trial in their answer. 3. Counterclaims/Cross-Claims Alleging Affirmative Defense of Waiver: In some cases, the defendant may add counterclaims or cross-claims related to the affirmative defense of waiver. These claims demonstrate that the plaintiff's own actions resulted in the alleged breach of contract. It's important to note that this is a general description and not legal advice. Each case may have its own unique circumstances that should be considered and addressed properly by seeking advice from an attorney familiar with Oregon law.
