Q: What is the difference between affirmative defense and counter claim?
A counterclaim and an affirmative defense are legal terms used in civil lawsuits, but they differ.
A counterclaim is a claim made by a defendant against the plaintiff in the same lawsuit. It's a claim that the defendant brings against the plaintiff that seeks relief or damages. For example, if the plaintiff sues the defendant for breach of contract, the defendant may counterclaim against the plaintiff for breach of the same contract.
An affirmative defense is a legal defense raised by a defendant in response to the plaintiff's claim. It is a defense that admits the truth of the plaintiff's claim but asserts additional facts that, if proven, would defeat the plaintiff's claim. For example, suppose the plaintiff sues the defendant for breach of contract. In that case, the defendant may assert an affirmative defense that the plaintiff did not fulfill their obligations under the contract, and therefore, the defendant is not liable for the breach.
In conclusion, the main difference between a counterclaim and an affirmative defense is that a counterclaim is a claim made by a defendant against the plaintiff. In contrast, an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.
An affirmative defense is a legal defense that a defendant raises in response to a plaintiff's claim. The defendant admits to the plaintiff's allegations but raises additional facts that, if true, would defeat the plaintiff's claim. For example, a defendant in a personal injury lawsuit might claim that the plaintiff's injuries were caused by the plaintiff's own negligence, rather than the defendant's actions.
A counterclaim, on the other hand, is a claim made by a defendant against a plaintiff in a civil lawsuit. Unlike an affirmative defense, a counterclaim seeks to establish the defendant's own right to relief, rather than simply defending against the plaintiff's claim. For example, a defendant in a breach of contract lawsuit might file a counterclaim alleging that the plaintiff actually breached the contract first, and seeking damages as a result.
In short, while both affirmative defenses and counterclaims can be used to defend against a plaintiff's claim, a counterclaim is a separate claim brought by the defendant against the plaintiff, while an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.
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