Defense: Overview, definition, and example
What is defense?
In legal terms, a defense is how a person or business responds to a legal claim made against them. It’s the argument, explanation, or legal reason they give to say, “I’m not responsible,” or “I shouldn’t be held liable.” Defenses are used in lawsuits, contract disputes, and other legal matters to protect yourself from being blamed or penalized.
A defense doesn’t mean the claim is false—but it does give you a chance to explain your side and potentially avoid legal consequences.
Why is defense important?
Every business, no matter how careful, can face legal challenges—whether it’s a contract dispute, a customer complaint, or an employee claim. A defense is your chance to fight back and protect your rights.
Without a proper defense, you could automatically lose the case—even if you weren’t really at fault. A strong defense can reduce your liability, help you settle a case on better terms, or even get the case thrown out completely. It’s a critical part of managing risk and staying legally protected.
Understanding defense through an example
Imagine your company is sued by a former client who says you breached a contract by delivering work late. But your defense is that the delay was caused by the client—they didn’t send you the information you needed on time.
You provide emails showing they missed key deadlines, which proves you weren’t the one at fault. That argument is your defense, and it could get the case dismissed or reduce any damages you owe.
Other common defenses might include saying the claim is past the statute of limitations, or that there was no valid contract in the first place.
An example of a defense clause
Here’s how a defense-related clause might appear in a contract—often as part of an indemnity provision:
“The Indemnifying Party agrees to defend, indemnify, and hold harmless the Indemnified Party against any third-party claims arising from the performance of this Agreement, including the cost of legal defense, settlements, and judgments, subject to the terms set forth herein.”
Conclusion
A defense is your legal shield. It’s how you respond when someone takes legal action against you—by showing why their claim isn’t valid or why you’re not responsible.
Whether it’s a client disagreement or a formal lawsuit, knowing your defense options can help you protect your business, reduce liability, and avoid costly outcomes. Always take legal claims seriously—and make sure you understand what defenses you can use to stand your ground.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.