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.

Related FAQs

What is the process of filing a motion?
What are the steps for filing a motion for summary judgment?
What is a remittitur?
What is the standard of review for an appellate court?
What are the challenges to a summons?
What are the court procedures for filing a motion?
What are the court rules for a summary judgment hearing?
What is the appeals process?
What are the remedies for civil actions?
How does civil procedure differ from state to state?

Related Blog Posts

Understanding Civil Procedure Basics - July 31, 2023
Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023