What are the most common defenses used in a business litigation case?

In Mississippi, the most common defenses used in a business litigation case are commonly referred to as affirmative defenses. These are defenses which provide an accused party with an alternate explanation as to why the lawsuit against them should be dismissed, or why they should not be held liable for the alleged wrong-doing. The most common defense used is the defense of lack of knowledge. In this defense, an accused party appeals that the action taken or the facts they were presented with, at the time the action was taken, did not provide them with enough knowledge to know the action was wrong. Another common defense is lack of causation, which claims that the action taken by the accused party did not cause the injury or damages to the other party. This defense can often be combined with contributory negligence, which is when the plaintiff is found to have played a role in their own injury. The third most common defense is the defense of self-defense. This is used when an accused party is involved in a physical altercation and acted in self-defense to prevent being harmed or killed. Finally, the defense of comparative fault is often used in business litigation cases. This defense states that the accused party is only partly responsible for the alleged wrong-doing, and that a certain percentage of the fault lies with the other party involved in the dispute. These are some of the most common defenses used in business litigation cases in Mississippi. It is important to note that these defenses are not exhaustive, and that an experienced lawyer should be consulted to determine which defense is the most appropriate for a particular case.

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What are the most common defenses used in a business litigation case?

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