A complete defence serves as a declaration of innocence and has the power to dismiss the entire case. It is applicable in both civil and criminal proceedings. By successfully establishing a complete defence, one can avoid financial penalties or imprisonment. In certain instances, a single complete defence can be used to counter multiple claims. Examples of complete defences include obtaining permission from someone to engage in an action, encountering an uncontrollable event that led to negative consequences, or being coerced into an action due to intoxication.
A complete defence is a type of defence that can be utilised in both civil lawsuits and criminal proceedings to nullify an entire claim against the defendant. It serves as an affirmative defence, absolving the party from any liability for a specific act. Unlike a mitigation defence that only reduces liability, a complete defence completely eliminates it. Establishing a complete defence for one claim can often serve as a complete defence against other claims, allowing it to defend against multiple claims. For instance, if a defendant successfully proves that they had consent to perform a certain act, it can serve as a complete defence against any claims of assault or battery. Examples of complete defences include consent, an act of God, involuntary intoxication, and contributory negligence. Consent acts as a complete defence when the plaintiff willingly agreed to the defendant’s actions. An act of God serves as a complete defence when the defendant’s actions were caused by an unforeseeable natural event. Involuntary intoxication acts as a complete defence when the defendant was unknowingly intoxicated and lacked control over their actions. Contributory negligence acts as a complete defence in jurisdictions that follow this principle, where the plaintiff’s own negligence contributed to their injuries. For example, if a defendant is accused of assault but can prove that the plaintiff consented to the physical contact, it can serve as a complete defence against the assault claim. Similarly, if a defendant is accused of causing property damage but can prove that the damage was caused by an act of God, it can serve as a complete defence against the property damage claim.
A complete defence is a legal argument or evidence that, if proven, would absolve the defendant of any liability or guilt in a case.
Some examples of complete defences include self-defence, alibi, statute of limitations, and insanity.
A defendant can prove a complete defence by presenting evidence and testimony that supports their claim, such as witness statements, medical records, or physical evidence.
Yes, if a complete defence is proven, it can result in the case being dismissed or the defendant being acquitted.
A complete defence completely absolves the defendant of liability, while a partial defence may reduce the severity of the charges or the potential punishment.
Yes, complete defences can be used in both criminal and civil cases, depending on the circumstances of the case.
Some complete defences may have specific legal requirements or limitations, such as the need for premeditation in a self-defence claim.
A complete defence can be raised at any point in a legal case, but it is typically presented during the trial phase.
If a complete defence is not successful, the defendant may still be found guilty or liable for the charges or claims against them.
Yes, it is highly recommended to consult with a lawyer to determine if you have a complete defence in your case, as they can provide legal advice and representation to help you present your defence effectively.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/complete-defence-2/
- Modern Language Association (MLA):Complete Defence. dlssolicitors.com. DLS Solicitors. May 20 2024 https://dlssolicitors.com/define/complete-defence-2/.
- Chicago Manual of Style (CMS):Complete Defence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/complete-defence-2/ (accessed: May 20 2024).
- American Psychological Association (APA):Complete Defence. dlssolicitors.com. Retrieved May 20 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/complete-defence-2/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts