Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Tort Law Defenses Overview

10

Flashcards

0/10

Still learning
StarStarStarStar

Volenti Non Fit Injuria (Consent)

StarStarStarStar

The defendant may argue that the plaintiff consented to the risk of harm, effectively barring the plaintiff from recovering damages. Conditions include informed consent and voluntariness.

StarStarStarStar

Contributory Negligence

StarStarStarStar

A defendant can claim that the plaintiff themselves contributed to the harm they suffered, which can reduce or eliminate the plaintiff's ability to recover damages.

StarStarStarStar

Defense of Property

StarStarStarStar

This allows individuals to defend their property from intrusion or harm, but typically with restrictions on the type and amount of force that can be used.

StarStarStarStar

Defense of Others

StarStarStarStar

Similar to self-defense, a person may argue they were defending another individual from an immediate threat with reasonable and proportionate force.

StarStarStarStar

Statute of Limitations

StarStarStarStar

The defense claims that the plaintiff filed the lawsuit after the legal deadline for such actions, which varies depending on the jurisdiction and the specific tort claimed.

StarStarStarStar

Necessity

StarStarStarStar

A defendant can claim that their actions were necessary to prevent a greater harm, such as when damaging property to create a firebreak to stop a larger fire.

StarStarStarStar

Assumption of Risk

StarStarStarStar

Indicates that the plaintiff knowingly and voluntarily assumed the risks associated with a particular activity, which may preclude recovery of damages.

StarStarStarStar

Self-Defense

StarStarStarStar

Someone accused of a tort may cite self-defense if they can demonstrate the harm was done in response to an immediate threat, and the force used was reasonable and necessary.

StarStarStarStar

Comparative Negligence

StarStarStarStar

This defense apportions damages based on the degree of fault of each party, reducing the plaintiff's damages by their percentage of fault.

StarStarStarStar

Illegality

StarStarStarStar

If a plaintiff was engaged in illegal activities at the time of the injury, their ability to recover damages may be limited or barred.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.