Which element is essential in a statement of defense?

The essential element in a statement of defense is the defendant's version of the facts. This aspect is crucial because it lays the groundwork for the defendant's response to the allegations presented by the plaintiff. By providing their own account of events, the defendant can assert any defenses or counterclaims, thereby illustrating how their perspective may differ significantly from what the plaintiff alleges.

A mere denial of facts does not adequately serve to inform the court of the defendant's position or any potential justifications or defenses they may have. Simply stating that something is untrue is insufficient without context or alternative explanations.

While the plaintiff's unchallenged allegations may serve as a starting point, they do not form the defendant's statement of defense, as the defendant must actively engage with those allegations by providing their own narrative. As for an assessment of damages, this is typically a consideration that comes into play once liability is established rather than being a necessary element in the initial statement of defense. Thus, the inclusion of the defendant's version of the facts is what truly composes a thorough and effective statement of defense.