What are the common defenses in civil law?

In Montana, most defenses in civil law will depend largely on the type of case. However, there are some common defenses that are seen across a variety of civil law cases. One defense is known as an “estoppel”, which means that the defendant is prevented from taking a position due to a prior agreement. For example, if someone makes a promise to another person, and the other person relies on that promise, then the promisor is estopped from later denying the promise. Another defense is “accord and satisfaction” which is when both parties agree to a payment that is different than the amount originally agreed upon. This defense is often used in cases like breach of contract where both parties agree to different terms than what was originally stated. The “statute of limitations” is another common defense. This defense states that a person cannot be sued for an act that is beyond the time frame set by the state. This means that if a person is accused of a civil wrong that took place over a certain period of time, the accuser, or plaintiff, cannot sue the defendant for it after the state-set period of time has passed. Finally, the defense of “sovereign immunity” is also used in civil cases. This defense is meant to keep the government from being sued. The government is not liable for any damages due to any negligent acts or omissions by its employees in the course of their official duties. These are some of the more common defenses that are used in civil cases in Montana. Each individual case will depend on the circumstances to determine the outcome.

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What are the common defenses in civil law?

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