231 Pa. Code § 1030 - New Matter
(a) Except as
provided by subdivision (b), all affirmative defenses including but not limited
to the defenses of accord and satisfaction, arbitration and award, consent,
discharge in bankruptcy, duress, estoppel, failure of consideration, fair
comment, fraud, illegality, immunity from suit, impossibility of performance,
justification, laches, license, payment, privilege, release, res judicata,
statute of frauds, statute of limitations, truth and waiver shall be pleaded in
a responsive pleading under the heading "New Matter." A party may set forth as
new matter any other material facts which are not merely denials of the
averments of the preceding pleading.
(b) The affirmative defenses of assumption of
the risk, comparative negligence and contributory negligence need not be
pleaded.
Notes
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