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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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In an Answer to a Complaint alleging a contract violation,

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In an Answer to a Complaint alleging a contract violation, is it appropriate to have an Affirmative Defense that states the plaintiff's harm was proximately caused by an intervening event?

Ray :

Hi and welcome to JA. My name is XXXXX XXXXX I am the expert that will be assisting you today.

Ray :

Yes you absolutely would include these in your answer.The Minnesota rules require this.

Ray :

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.

Ray :

Reference.

Ray :

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.

Ray :

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

Ray :

More for you here, skip down to answer..

Ray :

It is to your advantage to plead any affirmative defenses as it may result in all or part of their suit failing.

Customer:

"Failure of consideration" could mean that the defendant did not agree to the contract, for example, correct?

Ray :

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.

Ray :

Some more possibilities for you for defenses.

Ray :

More..

Ray :

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.

Ray :

Thanks for letting me help you today.I wish you the best.

Customer:

Thanks, Ray. That was a great help. Have a good day.

Ray :

You too.

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