Flashcards Studio

A publisher sued an author in federal court for breach of a manuscript-delivery contract. The complaint alleged that the author signed the contract, received a $75,000 advance, promised to deliver a manuscript by May 1, failed to deliver anything, and later sold the same manuscript idea to another publisher. The author's answer admitted receiving the advance and denied "liability for any wrongful conduct." It did not respond to the allegations about the signature, deadline, failure to deliver, or later sale. It stated, "Defendant lacks enough information to admit or deny plaintiff's damages calculation." It did not mention statute of limitations, release, waiver, or arbitration.
Three months later, after discovery confirmed a prior settlement agreement, the author moved to amend the answer to add release and arbitration as defenses. The publisher moved to treat the unanswered allegations as admitted and to strike the "wrongful conduct" denial as evasive. The publisher also argues that the omitted defenses are waived forever.
How should the court resolve these issues? Discuss Rule 8 admissions and denials, lack-of-knowledge responses, affirmative defenses, Rule 12(f), and amendment of the answer.