Which defense is described as a defendant’s formal position that, if proven, could defeat liability by introducing new facts?

Which defense is described as a defendant’s formal position that, if proven, could defeat liability by introducing new facts?

• A. Notice
• B. Service
• C. Affirmative defense
• D. Summons

Answer: (C)

An affirmative defense is a defendant’s formal position raised in response to a claim, arguing new facts or legal theories that, if proven, would defeat liability even if the plaintiff’s allegations are true. It goes beyond a simple denial by introducing elements that create a legal barrier to recovery, such as statute of limitations, contributory or comparative negligence, self-defense, or duress. Because it relies on additional facts or law, the defendant bears the burden to prove the defense with evidence, and it must be raised in the answer or early in the case to avoid waiver. The other terms are procedural steps in litigation—not defenses asserting new facts to bar liability—so they don’t describe this concept.

An affirmative defense is a defendant’s formal position raised in response to a claim, arguing new facts or legal theories that, if proven, would defeat liability even if the plaintiff’s allegations are true. It goes beyond a simple denial by introducing elements that create a legal barrier to recovery, such as statute of limitations, contributory or comparative negligence, self-defense, or duress. Because it relies on additional facts or law, the defendant bears the burden to prove the defense with evidence, and it must be raised in the answer or early in the case to avoid waiver. The other terms are procedural steps in litigation—not defenses asserting new facts to bar liability—so they don’t describe this concept.