The Affirmative defense reference article from the English Wikipedia on 24-Jul-2004 (provided by Fixed Reference: snapshots of Wikipedia from wikipedia.org)

Affirmative defense

An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. Affirmative defenses work to limit or excuse a defendant's liability even if the plaintiff's claim is proven, based on facts outside those claimed by the plaintiff.

Examples include contributory negligence (when the plaintiff's actions contributed to his own injury), assumption of risk (when the plaintiff knowingly entered into a dangerous situation), or even a contractual provision that had previously waived the defendant's liability for causing the plaintiff's injuries.

An affirmative defense must be timely pleaded by the defendant in order for the court to consider it, or it is waived by the defendant's failure to assert it. Because affirmative defenses require the assertion of facts beyond those claimed by the plaintiff, generally the party pleading an affirmative defense has the burden of proof on that defense.

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