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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

433 chars
“ ‘A plea of justification is a plea in confession and avoidance’ ” and “clearly constitutes an affirmative defense to an action of trespass.” Duquette, 416 A.2d at 670, 670. Here, defendants acknowledged their nonpayment, but sought to avoid liability as a result of CateUi’s conduct. We *1082conclude, therefore, that defendants’ failure to plead the defense affirmatively constitutes a waiver thereof. See Tucker, 446 A.2d at 762.