Affirmative Defense
A legal defense in which a defendant admits the act but presents facts or reasons to avoid liability or responsibility.
What is Affirmative Defense?
An affirmative defense is a legal argument by a defendant admitting the facts of a complaint but asserting additional facts or legal reasons that justify or excuse the alleged conduct, potentially reducing or eliminating liability.
Why It Matters?
It allows defendants to limit or avoid liability even if the plaintiff’s claims are true.
Example
A defendant in a breach-of-contract case claims the plaintiff waived their rights, presenting it as an affirmative defense to avoid damages.
Related Terms
Mediation
Litigation