Affirmative Defense

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, and waiver. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, and the statute of limitations.
Posts about Affirmative Defense
  • The 90-Day Foreclosure Letter: Proving Service

    … In a continuing effort to minimize homestead foreclosures in the Empire State, New York Real Property Actions and Proceedings Law (RPAPL) Section 13041 requires notice be sent to the mortgagor at least 90 days before a foreclosure action is commenced against the borrower. This provision applies no matter the type or balance of the loan…

    Ronald D. Weiss, PC- 18 readers -

    … testing is warranted in every single construction defect dispute. That is not the case. However, to say it is never warranted is irrational. Florida Statutes Chapter 558 (the pre-suit notice of construction defects process) addresses the issue of destructive testing when parties are participating in this obligatory pre-suit notice of construction…

    Florida Construction Legal Updates- 7 readers -

    … The Spearin doctrine, referred to as the implied warranty of constructability doctrine, is oftentimes utilized as an affirmative defense by a contractor being sued for construction defects. Under the Spearin doctrine (recognized in the government contract setting), a contractor is NOT liable for defects in the plans and specifications furnished…

    Florida Construction Legal Updates- 18 readers -

    … There is an affirmative defense referred to as betterment in construction defect cases. This is a defense raised to challenge the amount of damages incurred by the plaintiff when the plaintiff performs repairs BETTER than the original design / contract documents. See Grossman v. Sea Towers, Ltd., 513 So.2d 686, 688 (Fla. 3d DCA 1987…

    Florida Construction Legal Updates- 61 readers -

    … is being enforced against) will assert the statute of frauds as an affirmative defense. The case of Loper v. Weather Shield Manufacturing, Inc., 40 Fla. L. Weekly D1492a (1st DCA 2015) illustrates an oral contract scenario. In this case, a house was constructed facing the ocean in 2001-2002. The house was constructed with large double-paned windows…

    Florida Construction Legal Updates- 12 readers -
  • Drugged Driving Florida 2015 | Prediction No Change

    … or urine a substance identified as a controlled substance in Schedule II, Schedule III, or Schedule IV of chapter or the Federal Register, or one of its metabolites or analogs.” Proposed Statutory Amendments Creating New Affirmative Defenses FL Stat 316.193(15)(a): “If a person who is charged with violating subsection (1)(d) introduced into his…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 39 readers -
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