Tort Affirmative Defenses


Tort Affirmative Defenses

When someone is being sued, there are some affirmative defenses that may apply to the situation. It may be possible for these affirmative defenses to damage or completely defeat the lawsuit.

You should always consult with an attorney in your jurisdiction to see your best options of getting legal representation. These are from California and some of them might only apply in Federal court.

Affirmative defenses are used by defendants in legal matters to usually defeat the lawsuit brought against them by the Plaintiff. There are a list of affirmative defenses including:

Here is a list of possible tort affirmative defenses:

  1. Manufacturing/Labeling/Marketing in Conformity with the State of the Art At the Time
  2. Insanity
  3. No Private Right of Action
  4. Statute of Frauds
  5. Filed Rate Doctrine
  6. Arbitration and Award
  7. Implied Repeal of Statute
  8. Failure to State a Claim Upon Which Relief Can Be Granted
  9. Election of Remedies
  10. Breach of Contract
  11. Equitable Tolling
  12. Undue Influence
  13. Breach of Implied Warranty
  14. Reservation of Right to Add Additional Affirmative Defenses
  15. Punitive Damages Not Permissible
  16. Conditions Precedent
  17. Suicide
  18. Breach of Express Warranty
  19. Prior Pending Action
  20. Retraction
  21. Charitable Immunity
  22. Prevention of Performance
  23. Laches
  24. Statutory Compliance
  25. Default By Plaintiff
  26. Lack of Consideration
  27. Consent (i.e. Express, Implied)
  28. Mistake
  29. Reasonable Accommodation
  30. Offset
  31. Exemption
  32. Noerr-Pennington Doctrine
  33. License
  34. Truth
  35. Impossibility
  36. Lack of Causation
  37. At-Will Employment
  38. Prevented Injury
  39. Cardinal Change
  40. Bankruptcy Discharge
  41. False Claims
  42. Failure to Serve
  43. Failure to Take Advantage of Effective System to Report/stop Harassment (i.e. Faragher-Ellerth Doctrine)
  44. Acquiescence
  45. Real Party in Interest
  46. Immunity
  47. Failure of Consideration
  48. Contributory Negligence
  49. Peril of the Sea
  50. Learned Intermediary Doctrine
  51. Fleeting and Incidental Use
  52. Statutory Immunity
  53. Improper Venue
  54. Intervening Cause
  55. Complete Performance
  56. No Actual Injury
  57. Necessity
  58. Assumption of Risk
  59. Supervening Cause
  60. No Damages
  61. Contribution
  62. Business Judgement Rule
  63. Same Decision Defense
  64. Failure to Join an Indispensable Party
  65. Adequate Warning
  66. Unclean Hands
  67. Lack of Causal Relationship
  68. Act of God
  69. Truth in Lending Recoupmet
  70. Product Provides Net Benefits for a Class of Patients
  71. Comparative Fault of Third Parties
  72. Undue Burden
  73. Sovereign Immunity
  74. Failure to Preserve Confidentiality
  75. Adverse Possession
  76. Joint Venture
  77. Circuitry of Action
  78. Cancellation of Contract
  79. Lack of Privity
  80. Failing to Plead Fraud with Particularity
  81. Misuse of Product
  82. Improper Service
  83. Execution of Public Duty
  84. Discharge in Bankruptcy
  85. Res Judicata
  86. Unjust Enrichment
  87. Doe Defendant Is Liable
  88. Termination of Employment
  89. Statute of Limitations
  90. Estoppel
  91. Self Defense
  92. Failure to Perform
  93. Speculative Damages
  94. Indemnification
  95. Fraud
  96. Good Faith By Answering Defendant
  97. Lack of Consent
  98. Merger Doctrine
  99. Ignorance of the Law
  100. No Adequate Remedy At Law
  101. Failure to Act in a Commercially Reasonable Manner
  102. Mutual Mistake of Fact
  103. Breach of Confidentiality Agreement
  104. Release (i.e. Express, Implied, or Equitable Release of Rights)
  105. Parol Evidence Rule
  106. No Government Action
  107. Economic Loss Rule
  108. Attorney Fees Are Not Recoverable
  109. Bona Fide Purchaser for Value
  110. Payment
  111. Contrary to Public Policy
  112. Borrowed Servant
  113. Duress
  114. Unconscionability
  115. Force Majeure
  116. Safety of Employee
  117. Lack of Standing
  118. Restraint of Trade
  119. Anticipatory Breach
  120. Collateral Source Rule
  121. Failure of Condition Precedent
  122. Claim of Right
  123. Mutual Acquiescence in Boundary
  124. Waiver
  125. Rejection of Goods
  126. Discharge
  127. No Reliance
  128. Doctrine of Primary or Exclusive Jurisdiction
  129. Prevention and Frustration (defendant Was Ready, Willing and Able to Perform the Contract, and Plaintiff Prevented and Frustrated Such Performance)
  130. Improper Notice of Breach
  131. Hindrance of Contract
  132. Failure to Exhaust Administrative Remedies
  133. Good Faith
  134. Justification
  135. Revocation of Acceptance of Goods
  136. Unconstitutional
  137. Sole Negligence of Co-Defendant
  138. Election of Parties
  139. Accord and Satisfaction
  140. Anticipatory Repudiation
  141. Mutual Mistake
  142. Product Was Unavoidably Unsafe
  143. No Privity
  144. Misnomer of Parties
  145. Damages Were the Result of Unrelated, Pre-Existing, or Subsequent Conditions Unrelated to Defendant’s Conduct
  146. Frustration of Purpose
  147. Equitable Estoppel
  148. Ratification
  149. Assumption of the Risk
  150. Wrong Party
  151. Failure to Mitigate Damages
  152. Novation
  153. Adhesion
  154. Innocent Infringement
  155. Claimants Own Conduct, or By the Conduct of Its Agents, Representatives, and Consultants
  156. Illegality
  157. Free Speech
  158. Injury By Fellow Servant
  159. Alteration of Product
  160. Privilege
  161. Recoupment
  162. Preemption
  163. Set Off
  164. Fraud in the Inducement
  165. Agency
  166. Lack of Authority
  167. Fair Use
  168. Sophisticated User Doctrine
  169. No Evidence That Modified Warning Would Have Been Followed or Would Have
  170. Usury
  171. Abandonment of Trademark
  172. Statutory Defenses Prerequisites
  173. Breach By Plaintiff
  174. Lack of Equity
  175. Spoliation of Evidence
Attorney Jimmy HanaieCalifornia civil litigation attorney
(800) 400-5050Free Consultation 24/7
Plaintiff side attorneyLet’s talk about your case.

Be very careful in using this list of tort affirmative defenses. You should always consult with an attorney in your Jurisdction.

These tort affirmative defenses change often and some of them may only apply in Federal court in California.

This may not be an exhaustive list and is for informational purposes only.

Attorney Jimmy Hanaie

Attorney Jimmy Hanaie provides a free legal consultation (800) 400-5050. He loves cars, but also knows that they can sometimes be dangerous. That is why he has dedicated his life to the consumer lemon law and personal injury cases. He is building this awesome automotive car blog to provide awesome posts, free information, and more.

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