Hewett is suing thre co-defendants. She must develop three causes of action. For each Defendant, list the components/elements of the cause of action she must bring against them. Name the tort, and how each defendant caused her damage using your C/A.

Assignment: Chapter 6 - Responses to the Complaint

Listed the causes of action Hewett must bring againt each of the co-defendants. Now it it their turn to bring affirmative defenses in their attempt to challenge her allegations.

STATE OF WISCONSIN CIRCUIT COURT COUNTY

BRANCH

(Plaintiff's name),

Plaintiff

Case No.

v.

(Defendant's name),

Defendant

ANSWER

Defendant, (defendant's name), answers the complaint as follows:

1. [Choose appropriate alternative]

Answering paragraph , admits.

[or]

Answering paragraph , denies.

[or]

Answering paragraph , is without knowledge or information sufficient to form a belief as to the truth of the allegations.

[or]

Answering paragraph , admits that , but denies the remaining allegations.

[or]

Answering paragraph , is without knowledge or information sufficient to form a belief as to the truth of , and denies the remaining allegations.

[or]

Answering paragraph , neither admits nor denies because this is a conclusion of law, not an allegation of fact.

2.

3. [Choose appropriate alternatives from No. 1

to answer each paragraph of complaint]

4.

Affirmative Defenses

5. [Choose only the appropriate affirmative defenses and state them in short and plain terms in separately numbered paragraphs. You may state defenses generally (except fraud or mistake), but it is better practice to state all affirmative defenses with the same specificity required for allegations in the complaint. The affirmative defenses listed below are taken directly from Wis. Stat. 802.02(3), .06(2). This is not an exhaustive list, nor are all of the statutory defenses available.]

. Accord and satisfaction

. Another action pending between the same parties for the same cause

. Arbitration and award

. Discharge in bankruptcy

. Duress

. Estoppel

. Failure of a condition subsequent

. Failure or want of consideration

. Failure to join a party under Wis. Stat. 803.03*

. Failure to mitigate damages

. Failure to state a claim upon which relief can be granted*

. Fraud

. Illegality

. Immunity

. Incompetence

. Injury by fellow servants

. Insufficiency of summons or process*

. Laches

. Lack of capacity to sue or be sued

. Lack of personal or in rem jurisdiction*

. Lack of subject matter jurisdiction*

. License

. Payment

. Release

. Res judicata*

. Statute of frauds

. Statute of limitation*

. Superseding cause

. Untimeliness or insufficiency of service of summons or process*

. Waiver

. (State all other matters constituting an avoidance or affirmative defense)

WHEREFORE, defendant demands judgment:

[Choose appropriate alternative]

a. Dismissing the complaint on the merits and with prejudice;

[or]

a. (State other relief requested);

[Continue]

b. Awarding statutory costs; and

c. Granting such further relief as may be appropriate.

[Add jury demand if desired]

JURY DEMAND

Defendant demands a trial by a jury of (six) (twelve).

Dated: (date)

(Firm name)

Attorneys for Defendant

(Attorney's name)

State Bar No.

(Attorney's address)

(Attorney's telephone no.)