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The Divorce Encyclopedia
Privilege


Term Definition Privilege - in tort law, the ability to act contrary to anotherís legal right without that party having legal redress.
Application in Divorce A defense in a tort claim, privilege, which also refers to many different legal concepts, is an exempt from a responsibility by virtue of a special right. It can arise from the consent of the plaintiff. Even when all the facts establishing a tort liability are present, additional facts serve to establish some privilege, and therefore the defendant has committed no tort.

Privilege is an affirmative defense.

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