Real Defenses

Real defenses are valid defenses that a defendant can use to contest liability or enforceability, asserting a fundamental flaw in the opposing party's claim or document. These defenses are based on issues such as illegality, fraud, or incapacity.

The concept of real defenses stems from common law principles, where certain defenses were recognized as absolute and thus could invalidate claims irrespective of the opposing party's status. Its historical basis can be traced to contract law and the evolution of tort liability.

In modern law, real defenses are crucial in both tort and contract litigation, enabling defendants to negate claims based on substantive issues rather than procedural ones. Courts continue to evaluate the scope and significance of real defenses in various contexts, including fraud and commercial agreements.

• A defendant claims fraud as a real defense against a contract that was obtained through deceptive practices.
• A minor uses the age of incapacity as a real defense to void a contract they entered into with an adult.

• Murray v. Goodwin, 138 U.S. 137 (1891) - this case illustrates the application of real defenses in negating contractual obligations.