- A defense which amounts to something more than a mere denial of the plaintiff's allegations; a defense which sets up new matter not embraced within the ordinary scope of a denial of the material averments of the complaint. Among such defenses are accord and satisfaction, release, estoppel, fraud when set up as a matter in avoidance, mistake, alteration of contract, excuse for nonperformance of a covenant, act of God, the statute of limitations, title by prescription, and justification of an alleged tort. 41 Am J1st Pl § 144. See also 27 Am J2d Eq § 204.
Ballentine's law dictionary. Anderson, W.S.. 1998.
Look at other dictionaries:
affirmative defense — see defense 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. affirmative defense … Law dictionary
Affirmative defense — An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant. Affirmative defense can be classified as… … Wikipedia
affirmative defense — In pleading, matter asserted by defendant which, assuming the complaint to be true, constitutes a defense to it. A response to a plaintiffs claim which attacks the plaintiffs legal right to bring an action, as opposed to attacking the truth of… … Black's law dictionary
affirmative defense — noun : a defense setting up new matter that provides a defense against the plaintiff s case, assuming the complaint to be true … Useful english dictionary
affirmative defense — noun A defense against a suit or criminal charge that asserts mitigating facts rather than contesting the main fact of the allegation … Wiktionary
defense — de·fense /di fens, dē ˌfens/ n 1: the act or action of defending see also self defense 2 a: the theory or ground that forms the basis for a defendant s opposition to an allegation in a complaint or to a charge in a charging instrument (as an… … Law dictionary
affirmative — af·fir·ma·tive /ə fər mə tiv/ adj 1: asserting the existence of certain facts esp. in support of a cause of action affirmative proof 2: resulting from an intentional act affirmative concealment 3: involving or requiring application of effort … Law dictionary
defense of property — Affirmative defense in criminal law or tort law where force was used to protect one s property. Short Dictionary of (mostly American) Legal Terms and Abbreviations … Law dictionary
defense of property — Affirmative defense in criminal case consisting of justified force in protecting one s property though such force must be reasonable under all circumstances … Black's law dictionary
defense — That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of action or … Black's law dictionary