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The Psychology of Tort Law$
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Jennifer K. Robbennolt and Valerie P. Hans

Print publication date: 2016

Print ISBN-13: 9780814724941

Published to NYU Press Scholarship Online: May 2017

DOI: 10.18574/nyu/9780814724941.001.0001

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Defenses

Defenses

Chapter:
(p.142) 7 Defenses
Source:
The Psychology of Tort Law
Author(s):

Jennifer K. Robbennolt

Valerie P. Hans

Publisher:
NYU Press
DOI:10.18574/nyu/9780814724941.003.0008

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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