Define: Negative Defence

A negative defence is a legal strategy used by defendants to refute or deny the allegations made against them. It involves presenting evidence or arguments that challenge the plaintiff’s claims rather than offering an affirmative defence.

A negative defence is typically employed when the defendant believes that the plaintiff’s claims are baseless or lacking sufficient evidence. It can be used in various types of legal cases, such as civil lawsuits or criminal trials.

Yes, a negative defence can be successful if the defendant can effectively challenge the plaintiff’s claims and cast doubt on their credibility or evidence. However, the outcome ultimately depends on the specific circumstances of the case and the strength of the defendant’s arguments.

Common examples of negative defences include denial of the plaintiff’s allegations, lack of evidence to support the claims, proving that the plaintiff’s injuries or damages were not caused by the defendant’s actions, or demonstrating that the plaintiff’s claims are barred by the statute of limitations.

While it is not mandatory to have an attorney, it is highly recommended to seek legal representation when using a negative defence. An experienced attorney can help you navigate the legal process, gather evidence, and present your arguments effectively in court.

Yes, a negative defence can be used in criminal cases. For example, a defendant may deny committing the alleged crime, challenge the credibility of the prosecution’s witnesses, or present evidence that raises reasonable doubt about their guilt.

Using a negative defence carries certain risks, as it requires the defendant to challenge the plaintiff’s claims directly. If the defendant fails to provide sufficient evidence or arguments to support their defence, it may weaken their position and potentially harm their case.

Yes, a negative defence can be used in a defamation lawsuit. The defendant may deny making false statements, argue that the statements were true, or claim that the statements were protected by the First Amendment right to free speech.

While a negative defence challenges the plaintiff’s claims, an affirmative defence involves admitting to the plaintiff’s allegations but providing a legal justification or excuse for the defendant’s actions. Affirmative defences typically require the defendant to present evidence supporting their justification.

Yes, a negative defence can be used in a contract dispute. For instance, the defendant may deny breaching the contract, argue that the contract is invalid or unenforceable, or claim that the plaintiff failed to fulfill their obligations under the contract.