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 and is equally applicable to lenders, assi ...

      Ronald D. Weiss, PC- 18 readers -
  • THE RELEVANCE AND REASONABLENESS OF DESTRUCTIVE TESTING

    …, and 5) what is the quantum of damages that could have been mitigated or avoided. Establishing the reasonableness of the destructive testing is likely easy as an expert would support this. But the same expert would have to establish the other requirements as a basis to establish an affirmative defense that some of the claimed damages the plaintiff…

    Florida Construction Legal Updates- 7 readers -
  • SPEARIN DOCTRINE AS AN AFFIRMATIVE DEFENSE

    … 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 -
  • THE DEFENSE OF BETTERMENT IN CONSTRUCTION DEFECT DISPUTES

    … 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- 55 readers -
  • CHALLENGES OF AN ORAL CONTRACT OR THE “HANDSHAKE DEAL”

    … 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

    … Who is Writing the DUI Laws? Drugged driving has rapidly become an issue that has a significant impact on public safety. With 2015 just around the corner I am going to go out on a limb and make my drugged driving predictions for 2015. My Conclusion: At least one poorly drafted, overbroad and unconstitutional bill purportedly drafted to curb…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 39 readers -
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