You’ve been served with a complaint. What defense should you launch? A common approach is to argue that the plaintiff’s allegations are untrue. That’s an ordinary defense. “I didn’t do it.” But you can also argue that you should not have to pay damages even if the facts in the complaint are true. Kinda like a “So what?” That’s an affirmative defense. In litigation, it pays to know the difference between an ordinary defense and an affirmative defense because they are each handled differently by the court.
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