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affirmative defense

An affirmative defense is defense in which the defendant introduces new evidence not addressed by the allegations of the plaintiff's complaint, which, if found to be credible, will negate the defendant's civil or criminal liability.

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affirmative defense

An affirmative defense is defense in which the defendant introduces new evidence not addressed by the allegations of the plaintiff's complaint, which, if found to be credible, will negate the defendant's civil or criminal liability.

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For example, a defendant in a products liability suit might claim that the plaintiff or a third party modified or altered the product after it left the defendant's possession.

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