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Raphael and Sarah, a Wake Forest law student, had a contract. In exchange for $500, Raphael was supposed burglarize the apartments of successful law students to take their outlines and throw them off their game before the final exams. Raphael attempted to burglarize the apartments, but was unable to procure the outlines. Sarah sued. He admits he didn't deliver on the contract. As a defense, he claims the contract called for him to engage in illegal conduct.A.Raphael will not waive the defense if he fails to raise it early.B.This is not an affirmative defense under rule 8.C.If Raphael fails to raise this in his answer, he will have waived it.D.This wouldn't count as an "avoidance."
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