Partial Defense - Law Dictionary Search Results
partial defense
Matched in: Term partial defense
defense
Matched in: Term defense
impossibility
: impossibility of performance in this entry fac·tu·al impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a
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diminished capacity
commission of a crime (as first-degree murder) but that does not amount to insanity called also diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on
frustration
compare cause, force majeure clause, impossibility, impracticability NOTE: In order for frustration to be used as a successful defense to a breach of contract claim, the reason for making the contract must have been contemplated or recognized … be excused from performance even though performance is still possible if the reason for making the contract is partially or completely frustrated by a fortuitous event or by circumstances which are not the fault of either party
statute of frauds
signed by the party sought to be held to it or by an authorized agent 2 : a defense employing a statute of frauds (as in the denial of an enforceable agreement) … many statutes of frauds, but use of the term often implies a single entity. This is at least partially due to the great stature of the original law, which represents the general principle that a contract must
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