Defences to Torts: Master the Strategies to Counter Tort Claims

Question 1

In the defence of contributory negligence, the onus of proof lies with the:

Accepted Answer

Defendant

Answer

Plaintiff

Question 2

Which of the following is NOT a factor considered in assessing the reasonableness of a person's conduct in the defence of contributory negligence?

Accepted Answer

Medical history

Answer

Age

Answer

Experience

Answer

Foreseeability of risk

Question 3

Which of the following is a characteristic of the defence of illegality?

Accepted Answer

It is an absolute defence.

Answer

It is a partial defence.

Answer

It can be relied upon by both the plaintiff and defendant.

Answer

It is only available in cases of criminal illegality.

Question 4

In the context of contributory negligence, who shares responsibility for the plaintiff's injuries?

Accepted Answer

Both the defendant and the plaintiff

Answer

Solely the defendant

Answer

Solely the plaintiff

Answer

Neither the defendant nor the plaintiff

Question 5

Under what circumstances can the defence of volenti non fit injuria be invoked?

Accepted Answer

When the plaintiff willingly accepts the risk of harm

Answer

When the defendant acts reasonably in self-defence

Answer

When the plaintiff is intoxicated or under the influence of drugs

Answer

When the plaintiff is subjected to extreme duress

Question 6

In which of the following situations would the defence of provocation most likely be successful?

Accepted Answer

An individual responds with violence after being physically assaulted

Answer

An individual responds with violence after being verbally provoked

Answer

An individual responds with violence after witnessing a loved one being harmed

Answer

An individual responds with violence as revenge for a past wrong

Question 7

In which of the following cases is the defence of self-defence most likely to be successful?

Accepted Answer

Using reasonable force to protect oneself from an imminent attack

Answer

Using excessive force to protect oneself from an imminent attack

Answer

Using force to protect one's property

Answer

Using force to prevent someone from entering one's home

Question 8

Under the principle of ex turpi causa non oritur actio, illegality can be a defence to a tort claim if:

Accepted Answer

The illegal act is directly related to the tort

Answer

The illegal act occurred prior to the tort and is not causally connected to it

Answer

The illegal act is only remotely connected to the tort

Answer

The defendant was unaware of the illegality

Question 9

Battery is a tort that can be successfully defended on the basis of consent in which of the following circumstances?

Accepted Answer

When the claimant voluntarily submits to the touching for a lawful purpose

Answer

When the consent is given under duress or coercion

Answer

When the defendant is mistaken about the claimant's consent

Answer

Consent is never a valid defence to battery

Question 10

In the UK, contributory negligence:

Accepted Answer

Reduces the damages awarded to the claimant in proportion to their negligence

Answer

Is a complete defence to a tort claim

Answer

Only applies to claims for personal injury

Answer

Is not a valid defence at all

Question 11

Which of the following is NOT a valid defence to a claim for trespass to land?

Accepted Answer

Contributory negligence

Answer

Necessity

Answer

Licence

Answer

Estoppel

Question 12

Can consent be used as a defence only in cases of intentional torts?

Accepted Answer

No

Answer

Yes

Question 13

Which of the following factors DO NOT influence how contributory negligence is assessed?

Accepted Answer

Plaintiff's financial situation

Answer

Plaintiff's age and experience

Answer

Extent of defendant's negligence

Answer

Foreseeability of plaintiff's injury

Question 14

Does a valid consent defence require written consent from the plaintiff?

Accepted Answer

No

Answer

Yes

Question 15

Are all defences against tort claims absolute, ensuring success if proven?

Accepted Answer

No

Answer

Yes

Question 16

Which of the following is NOT a valid defence to a tort claim?

Accepted Answer

Non-feasance

Answer

Consent

Answer

Contributory negligence

Answer

Illegality

Question 17

A participant in an extreme sport may be able to rely on the defence of consent to avoid liability for injuries sustained by another participant. True or False?

Accepted Answer

True

Answer

False

Question 18

Which of the following factors is NOT considered when determining contributory negligence?

Accepted Answer

The defendant's breach of duty

Answer

The plaintiff's awareness of the risk

Answer

The plaintiff's voluntary assumption of the risk

Answer

The plaintiff's fault in causing the injury

Question 19

In order to establish contributory negligence, the plaintiff's conduct must have:

Accepted Answer

Contributed to the injury

Answer

Caused the injury

Answer

Been reckless or intentional

Answer

Violated a legal duty

Question 20

Which of the following is NOT a way to avoid the application of the illegality defence?

Accepted Answer

Showing that the plaintiff's conduct was more negligent than the defendant's

Answer

Establishing that the defendant is not the direct cause of the plaintiff's injury

Answer

Proving that the defendant's illegal activity was not related to the plaintiff's injury

Answer

Demonstrating that the defendant acted in good faith and with reasonable care

Question 21

Illegality is a defence to a claim in tort if the plaintiff's injury arises from their own:

Accepted Answer

Criminal act

Answer

Breach of a statutory duty

Answer

Negligence

Answer

Wilful misconduct

Question 22

Which of the following is NOT a factor that may be considered when determining the reasonableness of a search and seizure?

Accepted Answer

The defendant's race or socio-economic status

Answer

The nature and seriousness of the suspected crime

Answer

The extent to which the search was intrusive

Answer

The presence of a warrant

Question 23

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

Accepted Answer

Contributory negligence refers to the plaintiff's own negligence, while concurrent negligence refers to the defendant's negligence.

Answer

Contributory negligence is a complete defence, while concurrent negligence is a partial defence.

Answer

Concurrent negligence is only applicable when the plaintiff is more negligent than the defendant.

Answer

There is no distinction between contributory negligence and concurrent negligence.

Question 24

Which of the following factors is NOT relevant in determining the extent of contributory negligence?

Accepted Answer

The defendant's intent or motive

Answer

The plaintiff's age and experience

Answer

The plaintiff's awareness of the risk involved

Answer

The foreseeability of the plaintiff's conduct

Question 25

What is the primary legal test for establishing a successful defence of volenti non fit injuria?

Accepted Answer

Whether the plaintiff voluntarily assumed the risk involved

Answer

Whether the plaintiff was fully aware of the risk involved

Answer

Whether the plaintiff consented to the defendant's conduct

Answer

Whether the plaintiff's conduct was reckless or unreasonable.

Question 26

Explain the fundamental difference between a complete defence and a partial defence in the context of tort law.

Accepted Answer

A complete defence completely bars the plaintiff's claim, while a partial defence only reduces the defendant's liability.

Answer

A complete defence can only be raised by the plaintiff, while a partial defence can be raised by either the plaintiff or the defendant.

Answer

A partial defence is always successful, while a complete defence may or may not be successful.

Answer

There is no meaningful difference between a complete defence and a partial defence.

Question 27

Which of the following factors is NOT taken into account when assessing the reasonableness of a defendant's conduct in a negligence claim?

Accepted Answer

The defendant's financial situation

Answer

The industry standard of care

Answer

The defendant's subjective beliefs and intentions

Answer

The foreseeability of the risk involved