Defenses
Defenses
This chapter offers a psychologically-based assessment of common defenses to tort law claims. Defenses that blame plaintiffs for their own injuries resonate strongly with the ethic of individual responsibility. Defenses of consent, assumption of risk, and contributory negligence overlap with psychological predispositions and can be powerful arguments in the courtroom. Similarly, defendants’ assertions of self-defense when protecting persons or property echo strongly held views.
Keywords: assumption of risk, consent, contributory negligence, defenses, self-defense
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