Defence, Affirmative

Defence, Affirmative in United States

Defence, Affirmative, 

A defence based not on the falsehood of the accusation but rather upon some excuse or justification (q.v.) which may limit the damages in whole or in part. Common affirmative defences include assumption of risk, incapacity, self defence and the statute of limitations among others. The defendant bears the burden of proof as to affirmative defences.


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