Legal Definitions - Partial defense

A partial defense is a legal argument presented by a defendant that, if successful, does not completely absolve them of wrongdoing but instead reduces their level of responsibility or the amount of financial compensation they must pay. Unlike a complete defense, which aims to clear the defendant entirely, a partial defense seeks to lessen the severity of the outcome or the financial burden.

• Example 1: Comparative Negligence in a Car Accident

  Imagine a situation where Driver A runs a red light and collides with Driver B. However, investigations reveal that Driver B was also exceeding the speed limit at the time of the accident. Driver A is primarily at fault for running the red light, but Driver B's speeding contributed to the severity of the collision or their own injuries.

  How it illustrates the term: Driver A cannot claim a complete defense because they ran the red light. However, they can use Driver B's speeding as a partial defense. If a court determines Driver B was 20% at fault due to their speeding, Driver A's liability for damages might be reduced by 20%. This means Driver A is still responsible for the accident, but their financial obligation is lessened due to Driver B's contributing actions.

• Example 2: Mitigation of Damages in a Breach of Contract

  Consider a scenario where a catering company breaches a contract to provide food for a large corporate event. The event organizer then has to quickly find a new caterer, but instead of choosing a reasonably priced alternative, they hire a much more expensive, high-end caterer without exploring other options, significantly increasing their costs.

  How it illustrates the term: The original catering company is clearly liable for breaching the contract. However, they might argue a partial defense based on the event organizer's failure to "mitigate damages." The law generally requires a party who has suffered a breach to take reasonable steps to minimize their losses. If the court agrees that the event organizer acted unreasonably by choosing an excessively expensive alternative without justification, the original catering company's liability for the full amount of the increased costs could be reduced. They are still liable for the breach, but the amount they owe is lessened.

• Example 3: Excessive Force in Self-Defense

  Suppose an individual is physically attacked by another person. In response, the individual defends themselves, but they continue to use force long after the attacker has been subdued and no longer poses a threat, causing additional, severe injuries to the attacker.

  How it illustrates the term: The initial act of self-defense is a valid justification for using force. However, once the threat is neutralized, continuing to use force becomes excessive. The defender cannot claim a complete defense for the injuries caused by the excessive force. Instead, the initial attack serves as a partial defense, reducing their culpability or the severity of the charges (e.g., from aggravated assault to a lesser form of assault), but they are not entirely absolved of responsibility for the harm caused by their disproportionate response.