Absolute defense (legal)
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Absolute defense is a legal concept for a factual circumstance or argument that, if proven, will end the litigation in favor of the party asserting it. They can occur in both criminal and civil law.
Examples of absolute defenses include
- Truth of an allegedly libelous statement (in modern defamation): a person cannot be made to pay damages for a defamatory statement, if the person can show that the statement is true (even if the statement is damaging, and the person said it in bad faith).
- Self-defense in a battery case: a person cannot be held criminally liable for battery if they can prove self-defense under certain circumstances (e.g. where retreat was impossible, and where the use of force was not excessive).
An absolute defense can be distinguished from a partial defense. With a partial defense, the litigant hopes to mitigate the outcome of the litigation, or limit culpability, but the liability is not eliminated. Examples include diminished capacity to understand the wrongfulness of the action, or a mistake of fact that affected the intention of the litigant.
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