Affirmative Defense

 

“Affirmative Defense. In pleading, matter asserted by defendant which, assuming the complaint to be true, constitutes a defense to it. A response to a plaintiff’s claim which attacks the plaintiff’s legal right to bring an action, as opposed to attacking the truth of claim.  Under the Fed. Rules of Civil Procedure, and also under most state Rules, all affirmative defenses must be raised in the responsive pleading (answer); such defenses  include accord and satisfaction, assumption of risk, contributory negligence, duress, state of limitations, estoppel, etc. See Fed.R. Civil P. 8(c).

 

Black’s Law Dictionary 6^th Edition