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The role of the defendant is drastically different, however. In a lawsuit, the defendantâs aim is to disprove the allegations against him. A major difference between a plaintiff and a defendant is that the plaintiff must present a case. Technically, a defendant could remain silent in a lawsuit and merely leave the burden on the plaintiff. For a defendant to proceed through a lawsuit without presenting any evidence or arguments is not a common strategy.
contributory. where both the defendant and the plaintiff are negligent, the court will decide how much each party is responsible for. Thus, where both parties were equally at fault-the defendant will be held only 50% responsible and will only have to pay for 50% of the damages.