An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. It is a defense that is not a denial of an essential ingredient in the plaintiff's cause of action, but one which, if established, will be a good defense. It is described as being by way of confession and avoidance.

Specific examples of affirmative defenses include:

• Fraud
• Statute of limitations (Prescription)
• Release
• Payment
• Illegality
• Statute of frauds
• Estoppel
• Former recovery (Res judicata)
• Discharge in bankruptcy
• Any other matter by way of confession and avoidance
• Extinction (that the claim or demand has been paid, waived, abandoned, or otherwise extinguished)
• Lack of jurisdiction over the subject matter
• Another action pending between the same parties for the same cause (Litis pendentia)
• Lack of jurisdiction over the person of the defending party
• Improper venue
• Lack of legal capacity to sue
• Failure to state a cause of action
• Failure to comply with a condition precedent for filing the claim