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Simple English definitions for legal terms
eleemosynary defense
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A quick definition of eleemosynary defense:
Eleemosynary defense is a type of immunity that protects charitable organizations from being sued for damages caused by their actions. This immunity is granted to certain groups or entities when public policy requires special protection for them, even if it means that those who are injured by their actions cannot seek compensation. However, this immunity has been eliminated or restricted in most states.
A more thorough explanation:
Definition: Eleemosynary defense is a type of charitable immunity that provides exemption from tort liability to charitable organizations. It is a defense to tort liability that is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity, or entity in question at the expense of those injured by its tortious act.
Example: A non-profit organization that provides free medical services to the poor is protected by eleemosynary defense. If a patient suffers an injury due to the negligence of the organization, the patient cannot sue the organization for damages.
Explanation: Eleemosynary defense is based on the idea that charitable organizations provide a valuable service to the community and should not be burdened with the cost of defending against tort claims. However, this defense has been eliminated or restricted in most states due to concerns about fairness and accountability.