Legal Definitions - set up

In legal contexts, the phrase "set up" refers to the act of formally presenting or introducing a specific argument or justification, known as a defense, in a court of law. When a party "sets up" a defense, they are formally asserting a reason why they should not be held liable or guilty for the claims made against them.

Here are some examples illustrating how this term is used:

• Imagine a software development company is sued by a client for failing to deliver a project on time, alleging a breach of contract. The software company might set up the defense that the client repeatedly delayed providing necessary information and approvals, making it impossible to meet the original deadline. This illustrates "setting up" a defense because the company is formally introducing an argument (the client's delays) to counter the claim of breach of contract and explain why they should not be held responsible.

• Consider a situation where an individual is accused of shoplifting. During the legal proceedings, their attorney might set up the defense of mistaken identity, arguing that security footage clearly shows a different person committing the act. This demonstrates "setting up" a defense as the attorney is formally presenting a factual argument (it wasn't their client) to challenge the accusation of shoplifting.

• In a civil lawsuit where a tenant sues their landlord for an injury sustained due to a broken stairwell, the landlord's legal team might set up the defense of assumption of risk. They would argue that the tenant was aware of the broken stairwell for an extended period and continued to use it despite the obvious danger, thereby accepting the risk of injury. This shows "setting up" a defense because the landlord's team is formally introducing a legal principle (assumption of risk) to argue that the tenant's own actions or knowledge should limit or negate the landlord's liability.