PRETRIAL ADJUDICATION
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Pleading
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Answers
.........New Matter-Affirmative Defenses
6 Cards On This Topic:
Affirmative defenses are deemed controverted.
If affirmatively alleged defense is in effect only denial, it is not affirmative defense.
Affirmative defense that accident was unavoidable is in essence mere denial of negligence by D.
Affirmative defenses may be inconsistent or contradictory with each other.
Affirmative defenses cannot be inconsistent within themselves.
Wife’s evidence re fraud, not alleged in complaint, but controverting new matter in H’s answer, properly introduced in response to H’s averments.