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Law Libraries' NewsLog > Posts > Wednesday's Words: Special Defenses
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10/21/2009
Special Defenses (Affirmative Defenses): ...The fundamental purpose of a special defense, like other pleadings, is to apprise the court and opposing counsel of the issues to be tried, so that basic issues are not concealed until the trial is underway." "[F]acts must be pleaded as a special defense when they are consistent with the allegations of the complaint but demonstrate, nonetheless, that the plaintiff has no cause of action." McCann Real Equities Series XXII, LLC v. David McDermott Chevrolet, Inc., 93 Conn. App. 486, 491, 890 A. 2d 140, 146 cert. denied, 277 Conn. 925, 895 A. 2d 798 (2006). See also Connecticut Practice Book §10-50. |
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