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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Catelli v. Fleetwood, 842 A.2d 1078 (2004)

Citation
Catelli v. Fleetwood, 842 A.2d 1078 (2004)
Parent Document
Catelli v. Fleetwood, 842 A.2d 1078 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-03-11

Full Text

464 chars
It is well settled that “failure to plead an affirmative defense results in its waiver.” Duquette v. Godbout, 416 A.2d 669, 670 (R.I.1980). However, “[t]here is no requirement that an affirmative defense be specifically labeled as such, and the defense ‘may be pleaded in general terms so long as it gives the [plaintiff] fair notice of the defense.’ ” Tucker v. Mammoth Mart Inc., 446 A.2d 760, 762 (R.I.1982) (quoting 1 Kent, R.I. Civ. Frac. § 8.6 at 87 (1969)).