Civil: Affirmative Defense, Lack or Inadequacy of Consideration
“An essential element in the creation of a contract is the presence of consideration. Section…
Civil: Affirmative Defense, Unconscionability
“California law recognizes that certain contracts may be unconscionable as a result of their content,…
Civil: Affirmative Defense, Statute of Frauds
“Pursuant to section 1622 of the Civil Code, all contracts may be oral except those…
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…