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32.01 [1991 New] Affirmative Defenses-Generally
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Description
Instruction No 1 32.01 [1991 New] Affirmative Defenses--Generally Some of the instructions in Chapter 32 are comparative fault instructions. Contributory negligence instructions as they existed in previous editions of MAI prior to the adoption of comparative fault have been revised to conform to the method of submission in MAI 37.02. Numbering of those instructions has remained the same for purposes of historical consistency. Other instructions in this Chapter are complete affirmative defenses. MAI 32.07 (Contributory Negligence--FELA) has not been revised in the manner provided in MAI 37.02 because FELA is a matter of federal law. See the Committee explanation in the Committee Comments to MAI 8.01 and 8.02. Annotations to instructions prior to the adoption of comparative fault remain in this edition.
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32.15 [1969 New] Affirmative Defenses-Gratuitous Furnishing of Services
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32.18 [1969 New] Affirmative Defenses-Will Contest-Undue Influence
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32.19 [1981 Revision] Affirmative Defenses-Life Insurance-Misrepresentation of Material Fact-Not Warranted
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32.20 [1981 Revision] Affirmative Defenses-Life Insurance-Breach of Warranty
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32.21 [1978 Revision] Affirmative Defenses-Release
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32.22 [1978 Revision] Affirmative Defenses-Avoidance of Affirmative Defense-Release Obtained by Fraud
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32.23 [1978 Revision] Affirmative Defenses-Product Liability-Strict Liability-Contributory Fault
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32.24 [1978 New] Affirmative Defenses-Insurance Policy Defense
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32.25 [1981 New] Affirmative Defenses-Warranty-Exclusion of Implied Warranty Under UCC
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32.26 [1990 New] Affirmative Defense-Conversion-Consent
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32.27 [1990 New] Affirmative Defense-Conversion-Abandonment
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32.28 [1995 Revision] Comparative Fault-Invitee Injured-Failure to Keep a Lookout
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32.29 [2002 New] Affirmative Defenses-Failure to Mitigate Damages
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