700.12 Affirmative Defenses to Contract Enforcement The law recognizes that sometimes, even though [name of plaintiff] has met [his] [her] [its] burden of proving that a contract exists, facts or circumstances may exist which would excuse [name of defendant] [names of defendants] from being liable to [name of plaintiff]. These facts or circumstances are called affirmative defenses. In this lawsuit, [name of defendant] [names of defendants] [has] [have] raised and [has] [have] the burden to prove the following affirmative defense[s]: [Insert whichever affirmative defense(s) 700.12A-700.12G is/are applicable.]