Assumption of risk is a legal doctrine under which a person cannot recover for an injury that he received when he had voluntarily exposed himself to a known danger. Assumption of risk is generally asserted as an affirmative defense by a defendant who is being sued for negligence and it generally bars recovery by the […]
Articles Tagged: affirmative defenses
Affirmative Defense
“An affirmative defense is a defense that does not negate the elements of the plaintiff’s claim, but instead precludes liability even if all of the elements of the plaintiff’s claim are proven.” Hernandez v. County of Monterey, 306 F.R.D. 279, 283 (N.D. Cal. 2015). In asserting an affirmative defense, a defendant does not necessarily deny […]
Accord and Satisfaction
An accord and satisfaction is generally an agreement between parties to a contract to settle a claim under that contract, often at a lesser amount, pursuant to which a new agreement is substituted for, and in satisfaction of, the preexisting contract between the same parties. In doing so, the original agreement is thereby extinguished. The general purpose of an […]