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Tort Law Defenses Overview
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Volenti Non Fit Injuria (Consent)
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.
Contributory Negligence
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.
Defense of Property
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.
Defense of Others
Similar to self-defense, a person may argue they were defending another individual from an immediate threat with reasonable and proportionate force.
Statute of Limitations
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.
Necessity
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.
Assumption of Risk
Indicates that the plaintiff knowingly and voluntarily assumed the risks associated with a particular activity, which may preclude recovery of damages.
Self-Defense
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.
Comparative Negligence
This defense apportions damages based on the degree of fault of each party, reducing the plaintiff's damages by their percentage of fault.
Illegality
If a plaintiff was engaged in illegal activities at the time of the injury, their ability to recover damages may be limited or barred.
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