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.
The Answer to Affirmative Defenses in Illinois is a legal document that allows a defendant to respond to the affirmative defenses raised by the plaintiff in a civil lawsuit. Affirmative defenses are assertions made by the defendant that, if proved, would defeat or reduce the plaintiff's claim. In Illinois, there are different types of answers to affirmative defenses that can be used. One type of answer is a general denial, where the defendant denies all the plaintiff's allegations and the affirmative defenses raised. This type of answer is commonly used when the defendant believes that there is insufficient evidence to support the plaintiff's claims. Another type of answer is an admission with explanation, where the defendant admits to some or all of the allegations but provides additional facts or explanations that challenge the legitimacy of the affirmative defenses. This type of answer is used when the defendant acknowledges certain aspects of the plaintiff's claims but argues that the affirmative defenses are not applicable or justified. Additionally, a defendant may choose to assert counterclaims against the plaintiff, which are separate legal claims that the defendant believes he or she has against the plaintiff. In this case, the answer to affirmative defense would include both the response to the affirmative defenses raised by the plaintiff and the counterclaims brought by the defendant. It is essential for the defendant to file an answer to affirmative defenses in a timely manner and in compliance with the rules of the Illinois court system. Failure to file an appropriate answer may lead to the defendant forfeiting their right to challenge the plaintiff's affirmative defenses. In summary, an Answer to Affirmative Defenses in Illinois is a legal document that allows a defendant to respond to the affirmative defenses raised by the plaintiff. The defendant can choose between a general denial, admission with explanation, or include counterclaims against the plaintiff. It is crucial to file the answer in a proper and timely manner to protect the defendant's rights in the lawsuit.