In civil litigation, defendants often plead affirmative defenses. An affirmative defenses is an additional fact which, if true, defeats a plaintiff’s claim. For example, the statute of limitations is an affirmative defense. A plaintiff may allege, then, that because plaintiff’s claim is untimely the lawsuit fails. The most meritorious claim in the world will be…
Legal Articles
Gratuitous Services & Family Relationship Defense
A “family relationship” is an affirmative defense to certain claims. It is rare. It can arise as a defense to claims of unjust enrichment, quantum meruit, or adverse possession. The defense is that services were rendered out of love and affection and that one was not necessarily trying to seek money. “The existence of a…
Converse Instructions, Jury Instructions
In jury trials, the jury instructions can be fairly complex. If there are incorrect jury instructions, it will probably result in reversal by an appellate court. This means that and any jury verdict is set aside and there will likely be a new trial. In Missouri, a defendant is entitled to one converse instruction for…
Credit and Offset Affirmative Defense
“Credits and offsets are affirmative defenses” to a lawsuit asking for damages. Echols v. City of Riverside, 332 S.W.3d 207, 210 (Mo. Ct. App. 2010). In other words, it is a request by a defendant to minimize the amount of damages being requested by a plaintiff. By way of example, if a plaintiff stands to…