Civil Law Defenses

Description: This quiz covers various defenses available in civil law cases, testing your understanding of the legal principles and their application in different scenarios.
Number of Questions: 14
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Tags: civil law defenses torts contracts property law
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In a negligence lawsuit, what is the primary defense that the defendant can assert?

  1. Contributory negligence

  2. Assumption of risk

  3. Act of God

  4. Statute of limitations


Correct Option: A
Explanation:

Contributory negligence is a defense in which the defendant argues that the plaintiff's own negligence contributed to the accident or injury, thereby reducing or eliminating the defendant's liability.

In a breach of contract case, what is the most common defense raised by the defendant?

  1. Impossibility of performance

  2. Mutual mistake

  3. Lack of consideration

  4. Statute of frauds


Correct Option: A
Explanation:

Impossibility of performance is a defense in which the defendant argues that it was impossible to fulfill the contractual obligation due to unforeseen circumstances or events beyond their control.

What is the defense known as when a person is forced to do something against their will due to an immediate threat of harm or injury?

  1. Duress

  2. Necessity

  3. Self-defense

  4. Entrapment


Correct Option: A
Explanation:

Duress is a defense in which the defendant claims that they were coerced or forced into entering into a contract or performing an act due to threats or pressure.

In a defamation lawsuit, what is the defense that the defendant can raise if the statement made was true?

  1. Truth

  2. Privilege

  3. Fair comment

  4. Statute of limitations


Correct Option: A
Explanation:

Truth is a defense in defamation cases where the defendant argues that the statement made was true and accurate, and therefore not defamatory.

What is the defense known as when a person is acting in self-defense or defense of others to prevent imminent harm?

  1. Self-defense

  2. Defense of others

  3. Necessity

  4. Duress


Correct Option: A
Explanation:

Self-defense is a defense in which the defendant claims that they used reasonable force to protect themselves or others from imminent harm.

In a property dispute, what is the defense that the defendant can raise if they have been in possession of the property for a long period of time?

  1. Adverse possession

  2. Statute of limitations

  3. Estoppel

  4. Laches


Correct Option: A
Explanation:

Adverse possession is a defense in which the defendant claims that they have acquired title to the property through continuous, open, and exclusive possession for a specified period of time.

What is the defense known as when a person is acting under the authority of the law or a court order?

  1. Official immunity

  2. Qualified immunity

  3. Statutory immunity

  4. Judicial immunity


Correct Option: A
Explanation:

Official immunity is a defense in which a government official or employee is immune from liability for actions taken within the scope of their official duties.

In a negligence case, what is the defense that the defendant can raise if the plaintiff's own negligence was the primary cause of the accident or injury?

  1. Contributory negligence

  2. Comparative negligence

  3. Assumption of risk

  4. Statute of limitations


Correct Option: A
Explanation:

Contributory negligence is a defense in which the defendant argues that the plaintiff's own negligence contributed to the accident or injury, thereby reducing or eliminating the defendant's liability.

What is the defense known as when a person is acting in response to an emergency situation to prevent harm to themselves or others?

  1. Necessity

  2. Self-defense

  3. Defense of others

  4. Duress


Correct Option: A
Explanation:

Necessity is a defense in which the defendant claims that they were forced to break the law in order to prevent imminent harm to themselves or others.

In a breach of contract case, what is the defense that the defendant can raise if the contract was entered into under a mistake of fact?

  1. Mutual mistake

  2. Unilateral mistake

  3. Lack of consideration

  4. Statute of frauds


Correct Option: A
Explanation:

Mutual mistake is a defense in which both parties to a contract entered into the agreement based on a shared misunderstanding of a material fact.

What is the defense known as when a person is acting in reliance on a statement or representation made by another person?

  1. Estoppel

  2. Laches

  3. Statute of limitations

  4. Waiver


Correct Option: A
Explanation:

Estoppel is a defense in which a person is prevented from asserting a right or claim because they have made a statement or representation that is inconsistent with that right or claim.

In a property dispute, what is the defense that the defendant can raise if they have made improvements to the property in good faith?

  1. Adverse possession

  2. Betterments

  3. Estoppel

  4. Laches


Correct Option: B
Explanation:

Betterments is a defense in which the defendant claims that they have made improvements to the property that have increased its value, and therefore they should be compensated for those improvements.

What is the defense known as when a person is acting in reliance on a statute or regulation?

  1. Statutory immunity

  2. Official immunity

  3. Qualified immunity

  4. Judicial immunity


Correct Option: A
Explanation:

Statutory immunity is a defense in which a person is immune from liability for actions taken in accordance with a statute or regulation.

In a negligence case, what is the defense that the defendant can raise if the plaintiff failed to take reasonable steps to avoid the accident or injury?

  1. Contributory negligence

  2. Comparative negligence

  3. Assumption of risk

  4. Statute of limitations


Correct Option: C
Explanation:

Assumption of risk is a defense in which the defendant argues that the plaintiff voluntarily assumed the risk of injury or harm by engaging in a particular activity.

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