Legal Definitions - complete defense

A complete defense is a type of defense that can be used in both civil lawsuits and criminal proceedings. It is an affirmative defense that can nullify an entire claim against the defendant. If a complete defense is successfully established, it absolves the party from any and all liability for a given act. This is different from a mitigation defense, which only reduces liability but does not remove it entirely.

Complete defenses can be used to defend against multiple claims, as establishing a complete defense for one claim can often act as a complete defense against other claims. For example, if a defendant successfully establishes that they had consent to perform a certain act, it can act as a complete defense against any claims of assault or battery.

Examples of complete defenses include:

• Consent: If the plaintiff consented to the defendant's actions, it can act as a complete defense against any claims of wrongdoing.
• Act of God: If the defendant's actions were caused by an unforeseeable natural event, such as a hurricane or earthquake, it can act as a complete defense.
• InvoluntaryIntoxication: If the defendant was unknowingly intoxicated and did not have control over their actions, it can act as a complete defense.
• Contributory Negligence: In jurisdictions that follow contributory negligence, if the plaintiff was also negligent and contributed to their own injuries, it can act as a complete defense.

For example, if a defendant is accused of assault but can prove that the plaintiff consented to the physical contact, it can act as a complete defense 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 act as a complete defense against the property damage claim.