Anticipation of defense

Anticipation of defense

What does Anticipation of defense mean in American Law?

The definition of Anticipation of defense in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

An inartistic (and once upon a time insufficient) complaint which addresses matters which are expected to be raised in the defendant’s answer. If, for instance, a complaint for breach of contract alleges agreement, consideration, breach, damage, and freedom from fraud, the last allegation is anticipating a defense not as yet (and maybe never) raised.


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