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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
- emanwelgwentLv 65 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.
- Felonious MonkeyLv 75 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.