Affirmative Defenses Against Tort Liability

Abstract

Creating law is like making difficult movements on a balance beam. In a sense, it is an art with an emphasis on the balance of justice. A good set of laws must be impartial and objectively just, treating both a plaintiff and a defendant by the same standard so that they can litigate in the court on an equal ground. The making of Tort Law must follow the same principle, avoiding excessively protecting one side or suppressing the other side. Both the plaintiff and the defendant should be given equal and reasonable rights so that the plaintiff can get full compensation for his damage and the defendant is not held liable for what he did not do.