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What are some possible defenses in CIVIL court for the following intentional torts?

trespassing

assault and battery

defemation (slander)

nuisance

I need defences for CIVIL court like if this person was getting sued for these things not criminal where they would be getting arrested

2 Answers

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  • 5 years ago

    Well, first you have all your usual affirmative defenses - statute of limitations, jurisdiction, etc. Then for any intentional tort, a lack of intent is a defense (though be careful as to the element for which intent is actually required), then there are a few specific defenses. For example truth, lack of publication and lack of damage are all defenses to Slander.

  • 5 years ago

    Necessity is a defense to trespassing

    Self defense is a defense to assault and battery

    Truth is a defense to slander

    Pre-existing operation is a defense to nuisance.

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