Legal Definitions - defense

A defense in a legal context refers to the arguments, evidence, and legal strategies presented by a party, typically a defendant, to resist a claim, accusation, or lawsuit brought against them. The primary objective of a defense is to prevent or limit legal responsibility (liability) or to avoid the outcome requested by the opposing party, such as a judgment, penalty, or specific relief.

A defense can operate in several ways:

• It might challenge the factual accuracy of the opposing party's allegations.
• It could argue that even if the alleged facts are true, they do not meet the legal requirements to establish a valid claim.
• It might introduce new facts or legal principles that excuse, justify, or otherwise negate the alleged wrongdoing, thereby preventing the opposing party from succeeding.

Here are some examples illustrating the concept of a defense:

• Criminal Law: Self-Defense

  Imagine a person, Sarah, is charged with assault after physically confronting another individual, Mark. Sarah's attorney presents a defense arguing that Mark initiated the physical altercation, and Sarah acted only to protect herself from immediate harm, using reasonable force under the circumstances. This defense introduces facts (Mark's initiation, Sarah's reasonable fear) that, if proven, would justify her actions and prevent her from being found guilty of assault.

• Contract Law: Lack of Capacity

  Consider a situation where a teenager, Alex, signs a contract to purchase an expensive piece of equipment from a company. When Alex later tries to return the equipment, the company sues for breach of contract. Alex's attorney might raise a defense arguing that Alex was a minor at the time of signing and therefore lacked the legal capacity to enter into a binding contract. This defense challenges the fundamental validity of the contract itself, aiming to prevent the company from enforcing it.

• Civil Law (Torts): Comparative Negligence

  Suppose a driver, David, sues another driver, Emily, for damages resulting from a car accident, claiming Emily was entirely at fault due to speeding. Emily's attorney might present a defense asserting that while Emily may have been speeding, David was also distracted by his phone and failed to yield, contributing significantly to the collision. This defense of comparative negligence doesn't deny the accident but introduces facts that could reduce or eliminate Emily's financial liability by attributing some fault to David.