Category Archives: Defenses

BASIC TORT DEFENSES

We all know that the basic elements of a tort case involve the existence of a duty with a breach of that duty that causes damages. We also know that there are common defenses which we face in our tort … Continue reading

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DEALING WITH THE DEFENSE “IT WOULD HAVE HAPPENED NO MATTER WHAT WAS DONE”

Recently a friend asked for ideas on the defense “it would have happened  anyway. ”  I was  motivated to give this some thought. I don’t  have a good or magic answer, but here are some thoughts about this  defense. Defendants … Continue reading

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DEALING WITH “THE BLAME GAME” AT TRIAL

What is the most common defense we find in our cases? It is to blame someone or something else. It might be an “empty chair” defendant or another party or more often, the plaintiff himself or herself. Dealing with evasion … Continue reading

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