What is the difference between a claim and a defense in a business litigation case?
In a business litigation case in Pennsylvania, a claim is when a plaintiff alleges that the defendant has done something wrong, and a defense is when the defendant denies the claim. A claim may be based on breach of contract, fraud, negligence, or any other type of legal dispute that could create a financial claim against the defendant. A defense is the defendant’s response to the plaintiff’s claim. The defendant will use facts and evidence to refute the plaintiff’s claim. For example, if the plaintiff claims that the defendant breached a contract, the defendant would have to present evidence to prove that they did not breach the contract. The defense is an effort to deny liability and avoid a court judgment. Another way to explain the difference between a claim and a defense is that a claim is an allegation of wrongdoing, and a defense is a denial of the allegation. In summary, in a business litigation case in Pennsylvania, a claim is an allegation of wrongdoing against the defendant, and a defense is the defendant’s response that denies the allegation.
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