A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. A waiver is the intentional and voluntary giving up of something. A default in the performance of a contract may be waived.
The Second Defense of this form gives an example of pleading such a defense and is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
Answer and affirmative defenses to breach of contract in Florida are legal mechanisms that defendants can utilize to dispute allegations of contract breaches. These defenses provide an opportunity for defendants to provide counterarguments and present reasons why they should not be held liable for a breach. In Florida, an Answer is a written response submitted by a defendant in a breach of contract lawsuit. This document must be filed within a specific timeframe after being served with a complaint, typically within 20 days. The Answer outlines the defendant's position and may be structured to address each allegation individually. Affirmative defenses, on the other hand, are arguments raised by the defendant to actively dispute the breach of contract claims made against them. These defenses assert that even if the defendant did breach the contract, they are not held legally responsible or liable for the breach. Some common affirmative defenses in breach of contract cases in Florida include: 1. Lack of capacity: The defendant argues that they lacked the legal capacity to enter into the contract due to reasons such as being a minor, mentally incapacitated, or under the influence of drugs or alcohol. 2. Duress or undue influence: The defendant alleges that they were forced or coerced into signing the contract against their will, without the ability to exercise free choice or negotiate terms fairly. 3. Fraud or misrepresentation: The defendant claims that the other party intentionally provided false information or concealed important facts that influenced their decision to enter into the contract. 4. Mistake: The defendant asserts that a genuine mistake or misunderstanding occurred during contract formation, which invalidates the contract or excuses their performance. 5. Impossibility of performance: The defendant argues that they were unable to fulfill their contractual obligations due to circumstances beyond their control, such as acts of nature, government regulations, or unforeseen events. 6. Failure of consideration: The defendant contends that they have not received the promised benefit or consideration outlined in the contract, therefore relieving them of their contractual obligations. 7. Statute of limitations: The defendant claims that the plaintiff filed the lawsuit after the expiration of the legal time limit for bringing breach of contract claims, thereby barring the action. It is important to note that the viability and success of these defenses will depend on the specific circumstances of each case and the quality of legal representation. It is advisable for defendants in breach of contract cases in Florida to seek legal counsel to evaluate their options and develop a comprehensive defense strategy tailored to their unique situation.
