Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Tuesday, October 8, 2013

Contract ambiguity as an affirmative defense in a contract dispute


CONTRACT AMBIGUITY AS DEFENSE 

When asserting ambiguity as an affirmative defense, the pleading must set out the alleged ambiguous portion of the contract and the meaning or construction relied on by the party asserting ambiguity. See World Help v. Leisure Lifestyles, Inc., 977 S.W.2d 662, 680 (Tex. App.-Fort Worth 1998, pet. denied). 

SOURCE:  DALLAS COURT OF APPEALS  -  No. 05-11-01536-CV - 6/7/2013