Master Tort Law: Defences to Tort Liability Quizzes

Question 1

Which type of consent provides a complete defence to an intentional tort?

Accepted Answer

Express consent

Answer

Implied consent

Answer

Informed consent

Answer

Apparent consent

Question 2

True or False: The defence of assumption of risk is distinct from the defence of contributory negligence because it does not require the plaintiff to have actual knowledge of the specific risk.

Accepted Answer

True

Answer

False

Question 3

Which of the following is NOT considered when assessing the reasonableness of the defendant's actions under the defence of necessity?

Accepted Answer

The defendant's financial situation

Answer

The magnitude of the harm caused

Answer

The availability of alternative courses of action

Answer

The degree of risk posed by the danger

Question 4

The burden of proving contributory negligence falls upon the:

Accepted Answer

Defendant

Answer

Claimant

Answer

Judge

Answer

Jury

Question 5

Which of the following is NOT a defence to an intentional tort?

Accepted Answer

Statutory authority

Answer

Consent

Answer

Self-defence

Answer

Provocation

Question 6

In the defence of consent, the burden of proof lies primarily on the:

Accepted Answer

Defendant

Answer

Plaintiff

Answer

Third party

Answer

Judge

Question 7

Under what circumstances can the defence of necessity be used to justify actions that infringe upon fundamental human rights?

Accepted Answer

The defence of necessity requires that the defendant lacks any other reasonable alternatives to avoid infringing upon fundamental human rights.

Answer

The defence of necessity can never be invoked to justify actions that violate fundamental human rights.

Answer

The defence of necessity can only be used to justify actions that prevent immediate harm to oneself or others.

Answer

The defence of necessity is always successful if the defendant's actions were objectively reasonable.

Question 8

Which of the following is a statutory defence to tort liability?

Accepted Answer

Statutory authority

Answer

Voluntary assumption of risk

Answer

Contributory negligence

Answer

Necessity

Question 9

In the context of a negligence claim, what is the essential element that a defendant must prove to establish the defence of contributory negligence?

Accepted Answer

That the plaintiff's actions were unreasonable under the circumstances

Answer

That the plaintiff voluntarily assumed the risk of harm

Answer

That the defendant's breach of duty was not the sole cause of the plaintiff's injury

Answer

That the plaintiff's own negligence was greater than that of the defendant

Question 10

Which of the following statements best describes the burden of proof in relation to defences in tort?

Accepted Answer

The burden of proof shifts between the plaintiff and defendant depending on the defence

Answer

The defendant always has the burden of proving a defence

Answer

The plaintiff always has the burden of proving that the defendant did not have a valid defence

Answer

There is no burden of proof on either party in relation to defences

Question 11

Which of the following is NOT a general defence to tort liability in the United Kingdom?

Accepted Answer

Inevitability

Answer

Consent

Answer

Contributory negligence

Answer

Assumption of risk

Question 12

Which statement accurately describes the defence of illegality in tort law?

Accepted Answer

An unlawful act cannot give rise to a tort.

Answer

An unlawful act always results in tort liability.

Answer

The defence of illegality is only available to defendants who were unaware of the unlawful nature of their actions.

Answer

The defence of illegality applies to all torts, regardless of the harm caused.

Question 13

In the context of contributory negligence, what does the "last opportunity rule" refer to?

Accepted Answer

The plaintiff cannot recover damages if they had a final chance to avoid the harm but failed to do so.

Answer

The plaintiff is not liable for negligence if the defendant's negligence was the primary cause of the harm.

Answer

The defence of contributory negligence is only available if the plaintiff's negligence was equal to or greater than the defendant's negligence.

Answer

The last opportunity rule does not apply to intentional torts.

Question 14

Which of the following describes the defence of necessity?

Accepted Answer

It allows a defendant to evade liability for an otherwise tortious act if they acted to protect a more significant interest.

Answer

It is a complete defence to all torts.

Answer

It is only available in cases where the defendant was acting under duress.

Answer

It requires the defendant to prove that they had no other reasonable alternatives to their tortious conduct.

Question 15

In the defence of vicarious liability, who is primarily liable for the tortious acts of an employee?

Accepted Answer

The employer

Answer

The employee

Answer

Both the employee and the employer

Answer

Neither the employee nor the employer

Question 16

Which of the following is NOT an essential element of the defence of mistake of fact?

Accepted Answer

The mistake must be induced by the plaintiff.

Answer

The mistake must be reasonable.

Answer

The mistake must relate to a material fact.

Answer

The mistake must result in the defendant's belief that their conduct is lawful.

Question 17

Which element is NOT essential to the defence of contributory negligence?

Accepted Answer

The defendant's conduct was the sole cause of the plaintiff's injury

Answer

The plaintiff's conduct fell below the standard of a reasonable person

Answer

The plaintiff's conduct contributed to their own injury

Answer

The plaintiff's negligence was greater than or equal to the defendant's negligence

Question 18

In the defence of statutory authority, who has the burden of proving that the defendant acted within the scope of their statutory powers?

Accepted Answer

The defendant

Answer

The plaintiff

Answer

The court

Answer

The government

Question 19

Which factor is NOT considered by the courts in determining the reasonableness of the defendant's actions in the context of the defence of self-defence?

Accepted Answer

The defendant's prior conduct

Answer

The nature of the threat faced

Answer

The immediacy of the threat

Answer

The proportionality of the force used

Question 20

In the defence of Contributory Negligence, the defendant must demonstrate that:

Accepted Answer

The claimant's own actions significantly contributed to their injury or damage.

Answer

The claimant's injuries were entirely self-inflicted.

Answer

The defendant was not negligent at all.

Question 21

Which defence is most likely to be successful in a scenario where an individual knowingly enters a clearly marked and fenced-off construction site and sustains injuries?

Accepted Answer

Voluntary Assumption of Risk

Answer

Contributory Negligence

Answer

Necessity

Answer

Statutory Authority

Question 22

The defence of Consent in tort law:

Accepted Answer

Requires that the claimant provided informed and genuine consent to the act that caused their injury or damage.

Answer

Does not necessitate that the claimant fully comprehends the potential risks associated with the act.

Answer

Is only applicable in cases involving medical treatment.

Question 23

Which of the following is NOT a relevant factor in determining the scope of a defendant's duty of care?

Accepted Answer

The financial status of the defendant

Answer

The foreseeability of harm

Answer

The proximity of the defendant to the claimant

Question 24

In a defamation action, which defence is most likely to be successful?

Accepted Answer

Justification

Answer

Contributory Negligence

Answer

Necessity

Answer

Statutory Authority

Question 25

The defence of Duress:

Accepted Answer

Requires the defendant to have been coerced into committing the tort by the threat of imminent and serious harm to themselves or others.

Answer

Is only applicable in cases involving physical threats.