Legal Definitions - frivolous defense

A frivolous defense refers to a legal argument or claim made by a defendant in a lawsuit that lacks any reasonable basis in law or fact. Such a defense is considered to be without merit, meaning it has no legitimate chance of succeeding and is often brought solely to delay proceedings, harass the opposing party, or for some other improper purpose.

Courts view frivolous defenses seriously because they waste judicial resources and can impose unnecessary costs on the other party. Judges have the authority to impose sanctions or penalties on parties and their attorneys who present such defenses.

• Example 1: Contract Dispute

  Imagine a small business owner is sued for failing to deliver a custom-made product after signing a detailed contract and receiving a deposit. The owner's defense is that they "didn't feel like" making the product anymore because they found a more profitable project. This would be considered a frivolous defense.

  Explanation: The defense lacks any legal basis. A signed contract creates a binding obligation, and simply "not feeling like it" is not a recognized legal justification for breaching a contract. It demonstrates a complete disregard for contractual law and is unlikely to succeed in court.

• Example 2: Personal Injury Claim

  Consider a situation where a driver is clearly at fault for a car accident, having run a red light and collided with another vehicle. When sued for damages, the driver claims their car was "possessed by a ghost" that forced them to accelerate through the intersection. This would be a frivolous defense.

  Explanation: This defense is entirely without factual support and relies on a supernatural claim that has no standing in a court of law. It's an attempt to avoid responsibility through an absurd and unsubstantiated assertion, rather than a legitimate legal argument.

• Example 3: Debt Collection

  A person is sued by a credit card company for an outstanding balance of $10,000, with clear records showing their account activity and missed payments. The person's defense is that they shouldn't have to pay because they believe all debt is "an illusion" and therefore not legally binding. This would be a frivolous defense.

  Explanation: This defense is based on a personal philosophical belief that directly contradicts established financial and contract law. It offers no legal or factual basis to dispute the validity of the debt and is merely an attempt to avoid a legitimate financial obligation.