Civil: Affirmative Defense, Lack of Capacity to Contract
“Aside from the broad categories of minority, insanity, and deprivation of civil rights, the California…
Civil: Affirmative Defense, Self-Defense
“Self-defense is a right and an affirmative defense codified in Civil Code section 50 that provides:…
Civil: Affirmative Defense, Comparative Fault
“Comparative fault or comparative or contributory negligence is conduct by the plaintiff that falls below…
Civil: Affirmative Defense, Waiver
“Waiver is an affirmative defense that may be urged against many disparate causes of action…
Civil: Affirmative Defense, Undue Influence
“Undue influence is the unfair or improper persuasion of one person by another who has…
Civil: Affirmative Defense, Unclean Hands
“‘No one can take advantage of his own wrong.’ Known as the clean hands doctrine…
Civil: Affirmative Defense, Release
“As prescribed by section 1541 of the Civil Code, an “obligation is extinguished by a…
Civil: Affirmative Defense, Privilege
“Privilege or justification is a defense that acknowledges at least a portion of the conduct…
Civil: Affirmative Defense, Mistake
“The mistake of a defendant, plaintiff or third party forms a defense in a number…
Civil: Affirmative Defense, Immunity
“California law is embedded with statutory and common law immunities that protect particular persons under…