What are the common defenses in civil law?

In civil law, common defenses are used by defendants to protect themselves from liability. In Texas, these defenses can be divided into two categories: legal and equitable defenses. Legal defenses are defenses that are based on laws and statutes. Examples of legal defenses include a statute of limitations, which allows a defendant to be immune from a claim if the statute of limitations has passed; the statute of frauds, which requires certain kinds of contracts to be in writing; the defense of laches, which prevents a plaintiff from bringing a claim after an unreasonable amount of time has passed; and immunity, which protects certain actions from being considered a legal violation. Equitable defenses are defenses that are not based on law but on fairness. Examples of equitable defenses include estoppel, which prevents a plaintiff from bringing a claim if the defendant relied on the plaintiff’s promise or action; unclean hands, which denies a plaintiff from recovering damages if they had done something illegal; and waiver, which allows a defendant to claim that a plaintiff had agreed to waive any right to a particular claim. In summary, common defenses in civil law in Texas include legal defenses such as a statute of limitations, statute of frauds, laches, and immunity, as well as equitable defenses such as estoppel, unclean hands, and waiver.

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