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Affirmative Defense
Practical Law Glossary Item 6-518-1993 (Approx. 3 pages)
Glossary
Affirmative Defense
A defense based on facts other than those that support the plaintiff's or government's claim. A successful affirmative defense excuses the defendant from civil or criminal liability, wholly or partly, even if all the allegations in the complaint are true.
Examples of affirmative defenses include:
- Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury.
- Statute of limitations, which prevents a party from prosecuting a claim after the limitations period has expired.
- Self-defense, which excuses a defendant's criminal culpability.