15.60 ELEMENTS OF DEFENSE: FAILURE OF PROOF ON ANY ELEMENT OF THE PLAINTIFF'S CASE LISTED IN THE ELEMENTS is an affirmative defense in a civil lawsuit that allows the defendant to contest the plaintiff's case by arguing that the plaintiff has failed to prove one or more of the elements of their case. This defense can be used to challenge any element of the plaintiff's case that is listed in the complaint, including facts, legal theories, or arguments. This defense is commonly used in cases involving negligence, breach of contract, and intentional torts. The defendant must present evidence and argument to prove that the plaintiff has failed to prove one or more elements of their case. If successful, the defendant may be successful in having the case dismissed or obtaining a favorable judgment.