What are the common defenses in civil law?

In civil law, the defense is the party who refutes the claims brought against them by the claimant. In Massachusetts, there are several common defenses that can be used to counter the plaintiff’s claims. The first common defense is known as Statute of Limitations. This defense is used when the plaintiff brings a claim beyond the set time limit. In Massachusetts, the Statute of Limitations for most civil cases is three years, though certain types of cases have different timelines. The second common defense is known as Contributory Negligence. This defense is used when the plaintiff’s own negligence partly contributed to their injury or losses. The court must determine how much fault the plaintiff holds for their losses. The third common defense is known as Comparative Negligence. This defense is used when the court assesses the damages and finds that both the plaintiff and defendant are at fault. The court will apportion the damages based on the proportion of fault each party holds. The fourth common defense is known as Affirmative Defenses. This defense is used when the defendant claims that they are not liable for the plaintiff’s claims because of certain circumstances. This includes defenses such as insanity, impossibility, or self-defense. These are the common defenses used in civil law in Massachusetts. If the defendant successfully raises any of these defenses, the claimant’s case is dismissed. If the defendant fails to raise any of these defenses, the claimant’s case may be successful and the defendant may be liable for damages.

Related FAQs

What are the applicable statutes of limitations?
What is a motion to dismiss?
How does a plaintiff prove their case in a civil action?
What is the difference between a motion to intervene and a motion to join a case?
What is a restraining order?
What is a motion for summary judgment?
What are the remedies for discovery violations?
What are the rules of evidence in civil procedure?
What are the steps in a civil trial?
What is a motion for a directed verdict?

What are the common defenses in civil law?

Related FAQs

Related Blog Posts