Also known as: perfect defence · perfect defenses · perfect defences · complete defense · absolute defense
Written by attorneys · grounded in primary & secondary sources — see below
A complete bar to liability or guilt that, if proved, requires judgment for the defendant without regard to other facts in the case. The defense extinguishes the claim or charge entirely once its elements are satisfied.
Philip Powell tells a reporter that his neighbor Pavel Petrov has a criminal record. Petrov had previously told Powell he could share the information with anyone. When Petrov sues for defamation, the court enters judgment for Powell because the consent defeats the claim outright.
Peter Perkins is charged with attempt to receive stolen property. He presents evidence that the items were not actually stolen. The court directs a verdict for Perkins because legal impossibility defeats the attempt charge entirely regardless of his intent.
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Patriot Insurance refuses to pay a claim under a marine policy because the loss occurred outside the covered territory. The court dismisses the suit because the policy terms create a complete bar to recovery regardless of other circumstances.
Pablo Perez is charged with assault. He presents evidence that he lacked the required mental state due to a qualifying mental disease. The court directs a verdict of not guilty because the defense eliminates criminal liability entirely.
Premier Manufacturing is sued under state tort law for a design defect. The company shows that federal safety regulations expressly preempt the state standard. The court dismisses the action because the federal rule supplies a complete defense.
Paige Porter is convicted based on laboratory certificates introduced without live testimony. The reviewing court reverses because the certificates are testimonial and the absence of cross-examination constitutes a complete bar to their use.
A perfect defense completely bars recovery or conviction once established. An affirmative defense may defeat a claim only if the defendant meets the burden of proof on additional facts, whereas a perfect defense extinguishes the claim regardless of other proof.
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Consent to the publication of defamatory matter is a complete defense except where the person defamed merely inquires into the existence or source of the statement. The defense applies when the plaintiff has agreed to the publication.
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Legal impossibility is a complete defense to attempt when the intended conduct would not constitute a crime even if carried out exactly as planned. The defendant cannot be convicted because the law does not criminalize the intended result.
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Proof that the person against whom criminal proceedings were brought is actually guilty of the charged crime constitutes a complete defense to a malicious prosecution claim.
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Under the UCC, lack of genuineness of a certificated security is a complete defense even against a purchaser for value and without notice, subject only to the narrow exception in section 8-205.
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…representations made by the salesman, (2) the warranty and disclaimer of liability contained in the purchase order constitute a complete defense to the action, (3) the warranty does not extend to "defects in design," and (4) there is no proof of any defect in the car. The trial court dismissed the complaint at the conclusion of the…