In 

common law, a defendant may raise any

of the numerous defenses to limit or avoid
liability. These include:
 Lack of personal or subject matter
jurisdiction of the court, such
as diplomatic immunity. (In law, this is not
a defense as such but an argument that the
case should not be heard at all.)
 Failure to state a cause of action or other
insufficiencies of pleading.
 Any of the affirmative defenses.
 Defenses conferred by statute – such as
a statute of limitations or the statute of
frauds.
 Ex turpi causa non oritur actio – the
action against the defendant arises from an
illegality.
 Volenti non fit injuria – consent by the
victim or plaintiff.
 In pari delicto – both sides equally at fault.
 Act of God is an unforseable natural
phenomenon which involves no human
 agency due directly to natural causes
which cannot be foreseen.
 Necessity harm done to prevent a greater
evil is not actionable even though the harm
was caused intentionally.
 Mistake whether of fact or of law is no
defence to action.
 The law permits use of reasonable force to
protect one's person or property. If force is
used for self-defence they will not be
liable for harm.
 Unclean hands.
In addition to defenses against prosecution
and liability, a defendant may also raise a
defense of justification – such as self-
defense and defense of others or defense of
property.
In English law, one could raise the argument
of a contramandatum, which was an
argument that the plaintiff had no cause for
complaint.