Assume that Sakata now refuses to pay for the car. Dan's Dealership could assert failure of consideration on the part of Sakata as an affirmative defense in their answer to the complaint.

Question

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Failure of consideration would be a claim or argument made by Dan's Dealership against Sakata, not an affirmative defense. An affirmative defense is a reason given by the defendant in a lawsuit as to why the plaintiff should not win the case, often involving new facts or legal arguments not raised by the plaintiff. Failure of consideration, on the other hand, would be part of the dealership's claim that Sakata did not fulfill his part of the contract, thus breaching it.

Assume That Sakata Now Refuses to Pay for the Car