407Pleadings—matters to be specifically pleaded

407 Pleadings—matters to be specifically pleaded (1) Without limiting rule 406, the following matters must be specifically pleaded: (a) an accident the cause of which is unknown and undiscoverable; (b) breach of contract or trust; (c) breach of statutory duty; Note See r 432 (Pleadings—negligence and breach of statutory duty). (d) damages of every kind claimed, including, for example, special and exemplary damages; Note See also r 417 (Pleadings—kind of damages etc). (e) duress; (f) estoppel; (g) extinction of right or title; (h) fraud or illegality; (i) interest (including the rate of interest and method of calculation) claimed; (j) malice or ill will; (k) misrepresentation; (l) motive, intention or other condition of mind, including knowledge or notice; (m) negligence or contributory negligence; Note See r 432 (Pleadings—negligence and breach of statutory duty). (n) payment; (o) performance or part performance; (p) release; Rule 408 (q) statute of limitations; (r) a statute requiring that contracts be in, or evidenced by, writing (for example, statute of frauds); (s) undue influence; (t) voluntary assumption of risk; (u) waiver; (v) want of capacity, including disorder or disability of mind; (w) that a testator did not know and approve of the contents of a will; (x) that a will was not properly made; (y) wilful default; (z) anything else required by a practice note to be specifically pleaded. (2) Also, any fact from which any of the matters mentioned in subrule (1) is claimed to be an inference must be specifically pleaded. (3) In a defence or pleading after a defence, a party must specifically plead any matter that— (a) the party alleges makes a claim or defence of the opposite party not maintainable; or (b) shows a transaction is void or voidable; or (c) raises an issue of fact not arising out of a previous pleading.