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Yes you absolutely would include these in your answer.The Minnesota rules require this.
8.03 AFFIRMATIVE DEFENSES
In pleading to a preceding pleading, a party shall set forth affirmatively (1) accord and satisfaction, (2) arbitration and award, (3) assumption of risk, (4) contributory negligence, (5) discharge in bankruptcy, (6) duress, (7) estoppel, (8) failure of consideration, (9) fraud, (10) illegality, (11) injury by fellow servant, (12) laches, (13) license, (14) payment, (15) release, (16) res judicata, (17) statute of frauds, (18) statute of limitations, (19) waiver, and (20) any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on such terms as justice may require, shall treat the pleading as if there had been a proper designation.
Here is a sample answer form for you and you would include affirmative defenses in your answer. You would modify this to your situation and facts.
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It is to your advantage to plead any affirmative defenses as it may result in all or part of their suit failing.
"Failure of consideration" could mean that the defendant did not agree to the contract, for example, correct?
Yes you are claiming that there was no contract to breach because on of the elements here was missing. There was failure of consideration or no consideration.
Some more possibilities for you for defenses.
Here it flows that a failure of consideration means they cannot prove up the contract and then there can be no breach under the law.
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Thanks, Ray. That was a great help. Have a good day.