Legal Definitions - defence

In legal contexts, a defence refers to the arguments, evidence, and legal strategies presented by a party (typically a defendant in a criminal case or a respondent in a civil case) to counter the claims made against them. The purpose of a defence is to avoid liability, reduce culpability, or defeat the opposing party's case.

• Example 1 (Criminal Law - Self-Defence):

  Imagine a person, Alex, is accused of assault. Alex's lawyer argues that Alex only used force because they were being attacked and feared for their safety, making their actions a necessary response to an immediate threat.

  This illustrates a defence because Alex is presenting a legal justification (self-defence) for their actions, aiming to negate the criminal charge of assault by demonstrating that their use of force was lawful under the circumstances.

• Example 2 (Civil Law - Contract Dispute):

  A small business, "Green Gardens Inc.," is sued by a client for failing to complete a landscaping project on time. Green Gardens Inc. responds by showing that the delay was caused by an unexpected, severe hurricane that made it impossible to work, a condition explicitly covered by a "force majeure" clause in their contract.

  Here, the "force majeure" clause serves as Green Gardens Inc.'s defence. They are using a specific contractual provision to argue that they are not liable for the delay because it was due to circumstances beyond their control, as agreed upon in the contract.

• Example 3 (Civil Law - Negligence Claim):

  Sarah sues a local grocery store after slipping on a wet floor and injuring herself. The grocery store's legal team presents security footage showing that Sarah was looking at her phone and not paying attention to her surroundings when she entered the clearly marked wet area.

  In this scenario, the grocery store is raising a defence of "contributory negligence." They are arguing that Sarah's own inattention contributed to her injury, which could reduce or eliminate the store's liability for negligence.