/jus-tuh-fuh-KAY-shun AN af-ur-MUH-tiv di-FENS/·principle
Also known as:justification · justifications · justify · justified · justifying · affirmative defense of justification
Written by attorneys · grounded in primary & secondary sources — see below
A principle that excuses otherwise wrongful conduct when the actor reasonably believes the conduct is necessary to avoid a greater harm or to perform a legal duty.
Sources & Authorities· 39 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Landlord Seeks Holdover Damages
After her lease ended, Joy Jiang remained in the apartment for two weeks while seeking new housing. The landlord incurred extra cleaning and lost-rent costs that could have been avoided had Joy vacated on time. Joy raises justification as an affirmative defense, claiming her brief holdover was necessary to protect her belongings from an imminent storm. The court rejects the defense because the facts do not show that the greater harm Joy sought to avoid outweighed the landlord's foreseeable losses.
State Denies Welfare Benefits
Jeanette Jensen moved to a new state and applied for welfare benefits immediately upon arrival. The state denied her application under a durational residency rule aimed at protecting its treasury. Jeanette asserts justification as an affirmative defense, arguing her move was compelled by domestic violence and that denying benefits would cause greater harm. The court holds that the state's fiscal interest does not supply the required justification for burdening the right to travel.
Jose Jimenez contracted to buy goods from Jiang Textiles but received reports of production delays. He demanded adequate assurance within thirty days. When Jiang Textiles failed to respond, Jose treated the silence as repudiation. Jiang Textiles later claims justification as an affirmative defense, asserting its internal restructuring made performance impossible. The court finds the defense unavailable because the demand was justified and the failure to assure constituted repudiation.
Owner Challenges Spot Zoning
Jonathan Jaffe obtained rezoning of a single parcel from residential to commercial use, claiming it served the public by creating jobs. Neighbors sue, arguing the change lacked legitimate justification and violated the comprehensive plan. Jaffe raises justification as an affirmative defense, pointing to projected tax revenue. The court rejects the defense because the rezoning primarily benefited one landowner without advancing general welfare.
Attorney Faces Discovery Sanction
Jennifer Jackson signed a discovery response without verifying its completeness. Opposing counsel moved for sanctions under Rule 26(g)(3). Jackson asserts justification as an affirmative defense, claiming time pressure from a family emergency prevented full review. The court imposes sanctions because the certification lacked substantial justification and caused unnecessary expense.
Contract Signed Under Influence
Jillian James signed a contract after her dominant business partner pressured her with threats of financial ruin. She later seeks to void the agreement. The partner claims justification as an affirmative defense, arguing the persuasion served legitimate business interests. The court finds the defense inapplicable because the persuasion exploited a relationship of domination and was therefore undue influence.
Common questions
Frequently Asked
1
What must a defendant show to establish justification as an affirmative defense?+
The defendant must prove a reasonable belief that the conduct was necessary to avoid a greater harm or to fulfill a legal duty, and that no reasonable alternative existed.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary, in appropriate medical…