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Assignment 5.1 possible affirmative defenses:

1. Discharge in Bankruptcy: is an affirmative defense that establishes a prima facie defense
claim. If Teeny Tiny Manufacturing Co. filed for bankruptcy, they may use this as a
defense as to why they could not make or keep up the demand of the orders after Ethel
Meyers died.
2. Failure of Consideration: Is an affirmative defense when there is a ground for rescission
of the contract. With Ethels passing, the contract could have been reconsidered under the
circumstances of the death.
3. Failure to Mitigate Damages: If the plaintiff did not mitigate the damages to the
defendant, the defendant can claim failure to mitigate damages.
4. Mistake: This could be a defense due to a unilateral mistake of one or both parties to the
contract.
5. Proportionate Responsibility: this would also include the death of Ethel. The tort happed
after her death and her death could have caused stress for the employees and that could
have contributed to their lack of adequate products.

DeAnna Douglas
LGA4000XA
Assignment 5.1
56 minutes