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What are the affirmative defenses in Mass.?

Boston, MA |
Attorney answers 2


Rule 8 - General Rules of Pleading - Affirmative Defenses.

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

• accord and satisfaction;
• arbitration and award;
• assumption of risk;
• contributory negligence;
• duress;
• estoppel;
• failure of consideration;
• fraud;
• illegality;
• injury by fellow servant;
• laches;
• license;
• payment;
• release;
• res judicata;
• statute of frauds;
• statute of limitations; and
• waiver.

Good luck and best regards, Rob Fortgang


In addition to what Rob said, keep in mind that when the defendant fails to plead an affirmative defense, whether it is specifically set out in the rule or not, he is deemed to have waived it. Affirmative defenses are asserted when answering a pleading which sets forth a claim for relief, whether an original claim (a complaint), counterclaim, cross-claim, or third-party claim.

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