Affirmative Defenses


Affirmative defenses are allegations of new matters which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Affirmative defenses include: (a) Fraud (b) Statute of limitations (c) Release (d) Payment (e) Illegality (f) Statute of frauds (g) Estoppel (h) Former recovery (i) Discharge in bankruptcy (j) Any other matter by way of confession and avoidance (Sec. 5[b], Rule 6).
Affirmative defenses hypothetically admit the material allegations in the pleading of the claimant, but nevertheless interpose new matter.

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