“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 […]
Articles Tagged: affirmative defenses
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 […]