Master Statutory Defenses in Tort Law: Enhance Your LLM Expertise

Question 1

Under the Occupiers' Liability Act, an occupier owes a common duty of care to a visitor who enters their premises with the occupier's consent, regardless of their status as an invitee or a licensee.

Accepted Answer

True

Answer

False

Question 2

Under the Limitation Act, which of the following is NOT a circumstance that may extend the limitation period for bringing an action in tort?

Accepted Answer

The plaintiff's claim is related to personal injury

Answer

The plaintiff was under a disability at the time of the act or omission

Answer

The defendant fraudulently concealed the cause of action from the plaintiff

Answer

The plaintiff was unaware of the cause of action within the limitation period

Question 3

The defense of illegality prevents the plaintiff from recovering for any loss suffered as a result of their participation in an illegal activity, even if the defendant's conduct was more blameworthy.

Accepted Answer

True

Answer

False

Question 4

Consent is a valid defense to a tort claim if it is freely given, informed, and specific to the act in question.

Accepted Answer

True

Answer

False

Question 5

The defense of necessity may be successful if the defendant's actions were reasonable and proportionate to the threat posed, and if there were no other reasonable way to avoid the harm.

Accepted Answer

True

Answer

False

Question 6

Which of the following is NOT a statutory defense to tort liability in the United Kingdom?

Accepted Answer

Contributory negligence

Answer

Limitation Act

Answer

Occupiers' Liability Act

Answer

Volenti non fit injuria

Question 7

Which of the following is a statutory defense against tort liability that establishes time limits for bringing legal actions?

Accepted Answer

Limitation Act

Answer

Contributory negligence

Answer

Voluntary assumption of risk

Answer

Vicarious liability

Question 8

What is the significance of the "material contribution" test in relation to the defense of contributory negligence?

Accepted Answer

It determines whether the plaintiff's own negligence significantly contributed to the accident or injury

Answer

It establishes the precise degree of the plaintiff's fault

Answer

It allocates liability between the plaintiff and the defendant based on their respective contributions

Answer

It completely bars the plaintiff's claim if they are found to be contributorily negligent

Question 9

When can an occupier be held liable for harm suffered by a trespasser on their premises under the Occupiers' Liability Act?

Accepted Answer

If the occupier knew or should have known of the trespasser's presence and failed to take reasonable care

Answer

Only if the trespasser is a child

Answer

Only if the occupier intentionally or recklessly caused the harm

Answer

Only if the trespasser was invited onto the premises

Question 10

Which factor is NOT taken into account when determining liability under the Occupiers' Liability Act?

Accepted Answer

The financial resources of the occupier

Answer

The purpose of the occupier's premises

Answer

The type of activity being undertaken by the visitor

Answer

The age and level of knowledge of the visitor

Question 11

Pursuant to the Limitation Act, what is the applicable limitation period for most tort claims?

Accepted Answer

6 years

Answer

3 years

Answer

5 years

Answer

10 years

Question 12

Which of the following is not recognized as a statutory defense under the Occupiers' Liability Act?

Accepted Answer

Act of God

Answer

Volenti non fit injuria

Answer

Contributory negligence

Answer

Assumption of risk

Question 13

To successfully establish the defense of volenti non fit injuria, the defendant bears the burden of demonstrating that:

Accepted Answer

The claimant possessed knowledge of and consented to the risk of harm.

Answer

The claimant was contributorily negligent.

Answer

The defendant's negligence was reasonable.

Answer

The injury was caused by a third party.

Question 14

Which statutory defense may be applicable when an injury arises from a hazardous activity undertaken for the benefit of the public?

Accepted Answer

Statutory authority

Answer

Necessity

Answer

Contributory negligence

Answer

Inevitability

Question 15

The impact of contributory negligence on the claimant's damages is:

Accepted Answer

Reduction of the claimant's damages proportionate to their level of fault.

Answer

Elimination of the claimant's claim entirely.

Answer

Requirement for the defendant to prove that the claimant's negligence was the exclusive cause of the harm.

Answer

Applicability only in cases of intentional torts.

Question 16

The Limitation Act sets a time limit within which a claimant must bring a tort claim.

Accepted Answer

True

Answer

False

Answer

Only for contract claims

Answer

Only for personal injury claims

Question 17

Consent is the legal basis for the defense of:

Accepted Answer

Volenti non fit injuria

Answer

Contributory negligence

Answer

Negligence

Answer

Assumption of risk

Question 18

A statutory defense is a defense that is:

Accepted Answer

Provided by a statute

Answer

Based on common law principles

Answer

Always successful

Question 19

The defense of volenti non fit injuria requires that the claimant:

Accepted Answer

Voluntarily assumes the risk of injury

Answer

Was under a legal duty to take the risk

Answer

Was contributorily negligent

Answer

Had no other means of avoiding the danger

Question 20

Statutory defenses may provide a complete or partial defense to tort liability.

Accepted Answer

True

Answer

Only for strict liability offenses

Answer

False

Answer

Only for intentional torts

Question 21

Which of the following is NOT a statutory defense under the Limitation Act 1980?

Accepted Answer

Contributory negligence

Answer

Limitation period has expired

Answer

Libel

Answer

Fraud

Question 22

The Occupiers' Liability Act 1957 provides a statutory defense for:

Accepted Answer

Occupiers of premises who take reasonable care to prevent harm

Answer

Employers who negligently injure their employees

Answer

Manufacturers of defective products

Question 23

The defense of contributory negligence under the Law Reform (Contributory Negligence) Act 1945:

Accepted Answer

Reduces the claimant's damages in proportion to their fault

Answer

Only applies if the defendant was also negligent

Answer

Completely bars the claimant's action

Question 24

Which of the following is a statutory defense to a negligence claim based on a defective product under the Consumer Protection Act 1987?

Accepted Answer

State of the art defense

Answer

Assumption of risk

Answer

Waiver

Answer

Volenti non fit injuria

Question 25

The defense of illegality under the ex turpi causa non oritur actio maxim prevents a claimant from recovering damages if:

Accepted Answer

Their own unlawful conduct contributed to the harm

Answer

The harm was caused by a third party

Answer

The defendant is a minor

Answer

The defendant was acting in self-defense

Question 26

Which of the following is NOT a statutory defense to a claim for breach of contract under the Statute of Frauds 1677?

Accepted Answer

Contributory negligence

Answer

Illegality

Answer

Frustration

Answer

Statute of Frauds

Question 27

The defense of necessity under the Criminal Justice and Immigration Act 2008:

Accepted Answer

Allows a defendant to breach a duty if it is necessary to prevent a greater harm

Answer

Only applies in cases of self-defense

Answer

Is always a complete defense

Question 28

The defense of volenti non fit injuria under the Civil Liability (Contribution) Act 1978:

Accepted Answer

Prevents a claimant from recovering damages if they voluntarily assume the risk of harm

Answer

Is always a complete defense

Answer

Only applies to sporting activities