What term describes facts which, if proven by the defendant, excuse the defendant's otherwise unlawful conduct?

What term describes facts which, if proven by the defendant, excuse the defendant's otherwise unlawful conduct?

• A. Damages
• B. Breach
• C. Defense
• D. Negligence

Answer: (C)

An affirmative defense describes facts the defendant can prove to excuse or justify conduct that would otherwise be unlawful. If those facts are found to be true, liability can be avoided even though the act occurred. In this question, the best term is defense, because it captures the idea of providing evidence that excuses the conduct (think self-defense, insanity, or duress). Damages refers to compensation for harm, not an excuse; breach is a failure to meet a duty, and negligence is a failure to exercise reasonable care.

An affirmative defense describes facts the defendant can prove to excuse or justify conduct that would otherwise be unlawful. If those facts are found to be true, liability can be avoided even though the act occurred. In this question, the best term is defense, because it captures the idea of providing evidence that excuses the conduct (think self-defense, insanity, or duress). Damages refers to compensation for harm, not an excuse; breach is a failure to meet a duty, and negligence is a failure to exercise reasonable care.