1. Contributory Negligence
Question 1:
What is contributory negligence?
A) A defense where the plaintiff’s own negligence contributed to the harm suffered
B) A claim that the defendant’s actions were not harmful
C) A defense where the plaintiff was aware of the risks and voluntarily accepted them
D) A defense based on the defendant’s lack of intention to cause harm
Answer: A) A defense where the plaintiff’s own negligence contributed to the harm suffered
Question 2:
In a jurisdiction following contributory negligence, if the plaintiff is found to be even slightly at fault, what is the likely outcome?
A) The plaintiff may still recover damages
B) The plaintiff is barred from recovering any damages
C) The damages are reduced proportionately to the plaintiff’s fault
D) The defendant is held strictly liable for all damages
Answer: B) The plaintiff is barred from recovering any damages
2. Comparative Negligence
Question 1:
How does comparative negligence differ from contributory negligence?
A) Comparative negligence allows recovery even if the plaintiff is partially at fault, with damages reduced in proportion to their fault
B) Comparative negligence bars recovery if the plaintiff is at fault
C) Comparative negligence is only applicable in criminal cases
D) Comparative negligence requires a complete lack of fault from the plaintiff
Answer: A) Comparative negligence allows recovery even if the plaintiff is partially at fault, with damages reduced in proportion to their fault
Question 2:
In a comparative negligence system, if a plaintiff is found to be 40% at fault and the total damages are $100,000, how much would the plaintiff recover?
A) $60,000
B) $40,000
C) $100,000
D) $0
Answer: A) $60,000
3. Assumption of Risk
Question 1:
What does the defense of assumption of risk involve?
A) The defendant’s actions were justified and lawful
B) The plaintiff knowingly and voluntarily assumed the risks associated with a particular activity
C) The plaintiff was unaware of the risks and thus not liable
D) The defendant acted with due care and was not negligent
Answer: B) The plaintiff knowingly and voluntarily assumed the risks associated with a particular activity
Question 2:
Which of the following is required for the defense of assumption of risk to be successful?
A) The risk must be obvious and inherent in the activity
B) The plaintiff must have been forced into the risky situation
C) The defendant must have warned the plaintiff of the risk
D) The plaintiff must have no prior knowledge of the risk involved
Answer: A) The risk must be obvious and inherent in the activity
4. Consent
Question 1:
In tort law, consent can be a defense if:
A) The plaintiff agreed to the defendant’s actions, which would otherwise be considered harmful
B) The plaintiff was unaware of the nature of the defendant’s actions
C) The consent was obtained under duress
D) The defendant’s actions were unintentional
Answer: A) The plaintiff agreed to the defendant’s actions, which would otherwise be considered harmful
Question 2:
Which of the following does not qualify as valid consent in tort claims?
A) Consent obtained through deception
B) Explicit consent provided by an adult
C) Consent given by a person under legal age or mental incapacity
D) Implied consent in certain contexts like medical emergencies
Answer: A) Consent obtained through deception
5. Self-Defense
Question 1:
Self-defense is a valid defense in tort law when:
A) The defendant uses reasonable force to protect themselves from an imminent threat
B) The defendant retaliates after the threat has passed
C) The defendant acts in a manner disproportionate to the threat
D) The defendant had prior knowledge of the plaintiff’s intention to harm
Answer: A) The defendant uses reasonable force to protect themselves from an imminent threat
Question 2:
Which of the following is generally required for a successful self-defense claim?
A) The defendant must use excessive force
B) The threat must be imminent and unlawful
C) The defendant must have provoked the threat
D) The defendant must have sought legal advice before acting
Answer: B) The threat must be imminent and unlawful