Defenses to Negligence: Master the Legal Protections

Question 1

In the defense of contributory negligence, what must the defendant prove?

Accepted Answer

That the plaintiff's own actions contributed to their injuries.

Answer

That the defendant did not owe the plaintiff a duty of care.

Answer

That the defendant's actions were justified by an emergency.

Answer

That the plaintiff suffered no damages.

Question 2

Which of the following is NOT considered when determining whether an individual assumed the risk of injury?

Accepted Answer

The plaintiff's age

Answer

The plaintiff's knowledge of the risk

Answer

The seriousness of the risk

Answer

The plaintiff's voluntary participation in the activity

Question 3

What is the purpose of the statute of limitations in negligence cases?

Accepted Answer

To establish a deadline for filing a lawsuit.

Answer

To prevent frivolous lawsuits.

Answer

To determine the extent of the defendant's liability.

Answer

To allocate fault between the plaintiff and defendant.

Question 4

When is contributory negligence NOT a valid defense?

Accepted Answer

When the defendant's negligence is gross or willful.

Answer

When the defendant was acting in self-defense.

Answer

When the plaintiff was intoxicated.

Answer

When the plaintiff was trespassing.

Question 5

What is the primary consideration in determining whether an individual voluntarily assumed the risk of injury?

Accepted Answer

The plaintiff's subjective knowledge and understanding of the risk.

Answer

The defendant's duty of care to the plaintiff.

Answer

The foreseeability of the risk by the defendant.

Answer

The plaintiff's age and experience.

Question 6

What is the key distinction between contributory negligence and comparative negligence?

Accepted Answer

Contributory negligence bars recovery, while comparative negligence reduces damages.

Answer

Contributory negligence only applies to cases involving multiple defendants.

Answer

Comparative negligence applies only to intentional torts.

Answer

Contributory negligence is more common than comparative negligence.

Question 7

Which of the following is a potential criticism of the assumption of risk defense?

Accepted Answer

It can shield defendants from liability even when they have breached their duty of care.

Answer

It is only available in cases involving recreational activities.

Answer

It is rarely successful in practice.

Answer

It requires the plaintiff to prove they did not assume the risk.

Question 8

Which of the following is not considered a valid defense to a claim of negligence?

Accepted Answer

Unavoidable Accident

Answer

Assumption of Risk

Answer

Contributory Negligence

Answer

Statute of Limitations

Question 9

In which scenario would the defense of contributory negligence be most likely to succeed?

Accepted Answer

The plaintiff was texting while driving and failed to notice a red light.

Answer

The defendant was speeding and lost control of their vehicle.

Answer

The defendant failed to maintain their property, causing the plaintiff to trip and fall.

Question 10

What is the primary purpose of the assumption of risk defense?

Accepted Answer

To bar liability when the plaintiff voluntarily assumes a known risk.

Answer

To extend the statute of limitations for negligence claims.

Answer

To limit the defendant's liability based on the plaintiff's degree of fault.

Question 11

In which of the following cases is the statute of limitations defense most likely to be successful?

Accepted Answer

The plaintiff discovered their injury five years after the accident occurred.

Answer

The defendant was out of the country when the plaintiff's injury occurred.

Answer

The plaintiff was injured in a car accident and filed a claim within one year.

Question 12

Who bears the burden of proof for defenses to negligence?

Accepted Answer

The defendant bears the burden of proving the defense.

Answer

The burden of proof shifts depending on the defense raised.

Answer

The plaintiff bears the burden of disproving the defense.

Question 13

Which of the following factors is not considered when evaluating the reasonableness of the defendant's conduct in a negligence case?

Accepted Answer

The defendant's financial situation

Answer

The industry standards

Answer

The defendant's experience and knowledge

Question 14

Which of the following is NOT a defense to negligence in the United Kingdom?

Accepted Answer

Strict liability

Answer

Assumption of risk

Answer

Contributory negligence

Answer

Statute of limitations

Question 15

In the defense of contributory negligence, the plaintiff's:

Accepted Answer

...own carelessness contributed to the accident.

Answer

...negligence was caused by the defendant.

Answer

...negligence was less than the defendant's.

Answer

...negligence was greater than the defendant's.

Question 16

The limitation period for bringing negligence claims in England and Wales is:

Accepted Answer

Six years

Answer

Twelve years

Answer

Three years

Answer

Ten years

Question 17

In a negligence case in the United Kingdom, the burden of proof lies with the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Jury

Answer

Judge

Question 18

Which of the following statements about vicarious liability is accurate?

Accepted Answer

It holds an employer responsible for the negligent acts or omissions of their employees committed within the scope of their employment.

Answer

It requires the plaintiff to prove the employer's personal negligence.

Answer

It applies exclusively to intentional torts.

Question 19

Which of the following defenses is most commonly asserted in product liability claims?

Accepted Answer

State-of-the-art defense

Answer

Statute of frauds

Answer

Assumption of risk

Answer

Contributory negligence

Question 20

The defense of volenti non fit injuria is based on the principle of:

Accepted Answer

Consent

Answer

Causation

Answer

Strict liability

Answer

Negligence

Question 21

Which of the following is a potential limitation of using the defense of contributory negligence?

Accepted Answer

It may be unavailable if the defendant's negligence was gross.

Answer

It is always available if the plaintiff was negligent.

Answer

It is an absolute defense to negligence.

Question 22

Which of the following is NOT a defense to negligence?

Accepted Answer

Intentional misconduct

Answer

Statute of limitations

Answer

Assumption of risk

Answer

Contributory negligence

Question 23

In the defense of contributory negligence, the defendant argues that:

Accepted Answer

The plaintiff's own carelessness contributed to the injury

Answer

The defendant did not owe a duty of care to the plaintiff

Answer

The injury was caused by an unforeseeable act of nature

Question 24

In a negligence case, the burden of proof for defenses such as contributory negligence and assumption of risk lies on:

Accepted Answer

The defendant

Answer

The plaintiff

Answer

The jury

Answer

The judge

Question 25

In a negligence case involving a medical procedure, the defense of contributory negligence may be weakened if:

Accepted Answer

The doctor failed to properly inform the patient of the risks

Answer

The patient had a pre-existing medical condition

Answer

The patient was in a state of emergency

Question 26

Which of the following is NOT a potential consequence of successfully raising a defense to negligence?

Accepted Answer

Increased liability for the plaintiff

Answer

Barring the plaintiff's claim

Answer

Shifting the burden of proof to the plaintiff

Answer

Reducing the defendant's liability