Defenses {tort, defenses} are against negligence and intentions.
negligence defenses
People claiming negligence can be negligent {contributory negligence}. The last person that can avoid the wrong is liable for it {last clear chance}, even if inattentiveness or contributory negligence caused plaintiffs not to escape. Proving contributory negligence causes no damage award in most states, except for gross negligence.
People can know risk exists but willingly do actions {risk assumption} {assumption of risk}.
In several states, parties can have different negligence degrees {comparative negligence}. Comparative negligence reduces damages defendant must pay in proportion to plaintiff's negligence.
intention defenses
Intention defenses are privilege, victim consent, self-defense, and property defense. These defenses admit tort but exempt defendant from paying damages.
Social Sciences>Law>Tort>Defenses
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Date Modified: 2022.0224