PRETRIAL ADJUDICATION
...Pleading
......Answers
.........New Matter-Affirmative Defenses
6 Cards On This Topic:
  • Affirmative defenses are deemed controverted.
  • If affirmatively alleged defense is in effect only denial, it is not affirmative defense.
  • Affirmative defense that accident was unavoidable is in essence mere denial of negligence by D.
  • Affirmative defenses may be inconsistent or contradictory with each other.
  • Affirmative defenses cannot be inconsistent within themselves.
  • Wife’s evidence re fraud, not alleged in complaint, but controverting new matter in H’s answer, properly introduced in response to H’s averments.