(a) In an action for breach of a contract governed by this article when actual damages are sought, a defendant may assert affirmative defenses available under the law.
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Terms Used In Alabama Code 8-1-228

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(b) If actual damages are sought, the defendant may also assert the following additional affirmative defenses:

(1) The disparaging statement was made in good faith.
(2) The disparaging statement was made by mistake.
(3) The disparaging statement caused no harm to the plaintiff.
(4) The disparaging statement was retracted in such a way as to eliminate or reduce the harm to the plaintiff.
(c) Unless it is specifically provided in the covered contract, none of the additional affirmative defenses apply to negate or diminish the effects or full enforcement of a liquidated damages provision in the covered contract.
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