What is the "affirmative defense" principle in tort law?

The concept of "affirmative defense" in tort law refers to a legal reason that allows a defendant to avoid liability for an alleged tort if they can successfully prove it in court. This means that while the plaintiff has presented a claim that establishes a prima facie case, the defendant introduces new evidence or arguments that, if accepted, would relieve them of responsibility for the harm done. Common examples of affirmative defenses include self-defense, consent, and statute of limitations.

In contrast to this, the other options touch upon different aspects of tort law. The method of proving damages relates to how a plaintiff quantifies their losses rather than absolving a defendant from liability. The standard used to determine negligence involves evaluating a defendant's conduct against a reasonable person standard, not a mechanism for defense. Meanwhile, simply arguing to reduce compensation does not qualify as an affirmative defense; it lacks the broad scope of establishing complete defense against liability. Thus, understanding the affirmative defense principle is crucial in tort law, as it directly influences how liability is assessed and potentially mitigated in a given case.