We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is a Real Defense?

By G. Wiesen
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A real defense that can be used by someone who is the defendant in a civil case regarding payment for a negotiable instrument, which is a document promising payment that can be held at the value of that payment. If the person providing someone else with such an instrument refuses to value the instrument and make the necessary payment, then he or she can have a civil suit brought against him or her in many jurisdictions. As a defendant in this type of suit, someone can use a real defense to indicate that payment is not warranted; such a defense can include infancy and duress at the time of signing.

The idea behind a real defense is that it provides someone who may have issued a negotiable instrument with a defense against action taken against him or her regarding payment on that instrument. Checks and promissory notes are examples of such an instrument, and not only indicate that payment will be made but can be seen as having in itself the value of such a payment. This type of instrument can also be passed from one owner to another, and the obligation to pay on it continues for the original issuer of the instrument.

Should payment not be made on such an instrument, then the holder of it can bring a civil suit against the issuer under commercial laws in many countries. The defendant in this type of case can utilize a real defense in an attempt to indicate that he or she should not have to pay on the instrument. One of the strengths of a real defense is that it can be used against an ordinary holder or a holder in due course. An ordinary holder is the original person an instrument was issued to, while a holder in due course is someone who has purchased or otherwise legally acquired an instrument.

Different jurisdictions can provide different definitions for what types of real defense are allowed and viable, though infancy is a common one. This is a defense in which someone under the age of majority in his or her area cannot be held to the terms of an instrument he or she issued. Similarly, someone who is found mentally incompetent or legally insane is also not held to the terms of an instrument to which he or she was a party. Duress is often used as a real defense as well; if someone can prove that an instrument was issued under threat of death or physical harm, then he or she can often have the instrument nullified.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.