What defenses can the other party raise in small claims court?
In Hawaii, a party defending a claim in small claims court can raise several different defenses. These include necessity, mistake, lack of capacity and privilege. The defense of necessity is an argument that a party must do something in order to prevent a greater harm, and that doing so is permissible. Mistake is when a defendant claims that the action taken was in error, either because they were unaware of the details or mistakenly believed something. Lack of capacity means that the defendant was not legally capable of performing the action in question, and thus they cannot be held accountable for it. Finally, privilege is a defense that states that a party is protected from a lawsuit due to specific exemptions from legal liability, such as those granted to members of the clergy. These are just a few of the potentially valid defenses that a party can raise in small claims court in Hawaii. However, it should be noted that they must provide evidence to back up their defense in order for it to be considered valid. Additionally, each defense varies on a case-by-case basis, so it is important for defendants to consult with a lawyer before attempting to raise any of these in their defense.
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