| An affirmative defense is defined as a fact or a | | | | the law. |
| set of facts that defeat a claim, even if the facts | | | | Affirmative defenses, in general, are made to |
| supporting the claim are true. When a plaintiff files | | | | protect the defendant from fraudulent claims. |
| a complaint in a civil or criminal court order to get | | | | Fraudulent claims include damages due to the |
| relief from the court, the defendant can make | | | | negligence, misuse or unreasonable use by the |
| the claim void by asserting and proving that there | | | | person seeking relief. |
| are other factors affecting the claim. These could | | | | This may include damage caused due to driving |
| be negligence or the expiry of statute of | | | | under the influence of alcohol or drugs. Damage |
| limitations. In the affirmative defense clause that | | | | caused due to accidents, that are a result of illegal |
| comes under the Californian lemon law, a | | | | driving, is also considered as negligent driving. |
| defendant can avail of the same if certain | | | | "Unreasonable use" is defined as using the vehicle |
| conditions are satisfied or proven. | | | | without following the proper guidelines and terms |
| Flaws caused by illegal or unreasonable use of a | | | | and conditions. These include speed limits, proper |
| motor vehicle, following sale or lease are the main | | | | maintenance and other mandatory guidelines that |
| reasons behind this kind of defense strategy. This | | | | are crucial to the efficient working of the vehicle. |
| means that if the person availing of this law has | | | | An affirmative defense usually acts against the |
| abused or misused the vehicle in any way, then | | | | plaintiff. It is important to prove that the damage |
| the vehicle is not considered to be a lemon and | | | | caused was not due to the negligence of the |
| thus cannot come under the relief provided by | | | | owner, in order to make the defense void. |