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Defenses to Tort Liability

Description: This quiz will test your knowledge on the various defenses available in tort law.
Number of Questions: 14
Created by:
Tags: tort law defenses negligence intentional torts strict liability
Attempted 0/14 Correct 0 Score 0

Which of the following is NOT a defense to negligence?

  1. Contributory negligence

  2. Assumption of risk

  3. Act of God

  4. Sudden emergency


Correct Option: C
Explanation:

An act of God is not a defense to negligence because it is an event that is outside of the defendant's control.

What is the difference between contributory negligence and assumption of risk?

  1. Contributory negligence is a defense that is based on the plaintiff's own negligence, while assumption of risk is a defense that is based on the plaintiff's voluntary acceptance of a known risk.

  2. Contributory negligence is a defense that is only available in negligence cases, while assumption of risk is a defense that is available in both negligence and intentional tort cases.

  3. Contributory negligence is a defense that is always successful, while assumption of risk is a defense that is only successful if the plaintiff was aware of the risk and voluntarily accepted it.

  4. Contributory negligence is a defense that is only available to defendants who are individuals, while assumption of risk is a defense that is available to all defendants.


Correct Option: A
Explanation:

Contributory negligence and assumption of risk are two different defenses to negligence. Contributory negligence is a defense that is based on the plaintiff's own negligence, while assumption of risk is a defense that is based on the plaintiff's voluntary acceptance of a known risk.

What is the sudden emergency doctrine?

  1. The sudden emergency doctrine is a defense that is available to defendants who were faced with a sudden and unexpected emergency that they could not have reasonably avoided.

  2. The sudden emergency doctrine is a defense that is only available to defendants who are individuals.

  3. The sudden emergency doctrine is a defense that is only available in negligence cases.

  4. The sudden emergency doctrine is a defense that is always successful.


Correct Option: A
Explanation:

The sudden emergency doctrine is a defense that is available to defendants who were faced with a sudden and unexpected emergency that they could not have reasonably avoided. This defense is based on the idea that people should not be held liable for their actions if they were acting in a reasonable manner in response to an emergency situation.

What is the difference between an intentional tort and a negligence tort?

  1. An intentional tort is a tort that is committed with the intent to cause harm, while a negligence tort is a tort that is committed without the intent to cause harm.

  2. An intentional tort is a tort that is always more serious than a negligence tort.

  3. An intentional tort is a tort that is only available to individuals, while a negligence tort is a tort that is available to both individuals and corporations.

  4. An intentional tort is a tort that is only available in cases where the plaintiff has suffered physical injuries.


Correct Option: A
Explanation:

Intentional torts and negligence torts are two different types of torts. An intentional tort is a tort that is committed with the intent to cause harm, while a negligence tort is a tort that is committed without the intent to cause harm.

What is the strict liability doctrine?

  1. The strict liability doctrine is a doctrine that holds defendants liable for their actions even if they did not intend to cause harm.

  2. The strict liability doctrine is a doctrine that is only available in cases where the plaintiff has suffered physical injuries.

  3. The strict liability doctrine is a doctrine that is only available to individuals.

  4. The strict liability doctrine is a doctrine that is always successful.


Correct Option: A
Explanation:

The strict liability doctrine is a doctrine that holds defendants liable for their actions even if they did not intend to cause harm. This doctrine is based on the idea that certain activities are so dangerous that they should be held liable for any injuries that result from them, regardless of whether the defendant was negligent.

What is the difference between a defense and an affirmative defense?

  1. A defense is a legal argument that denies the plaintiff's allegations, while an affirmative defense is a legal argument that admits the plaintiff's allegations but argues that the defendant is not liable.

  2. A defense is an argument that is always successful, while an affirmative defense is an argument that is only successful if the defendant can prove it by a preponderance of the evidence.

  3. A defense is an argument that is only available to defendants who are individuals, while an affirmative defense is an argument that is available to all defendants.

  4. A defense is an argument that is only available in negligence cases, while an affirmative defense is an argument that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A defense is a legal argument that denies the plaintiff's allegations, while an affirmative defense is a legal argument that admits the plaintiff's allegations but argues that the defendant is not liable.

What is the statute of limitations?

  1. The statute of limitations is a law that sets a time limit on how long a plaintiff has to file a lawsuit.

  2. The statute of limitations is a law that only applies to negligence cases.

  3. The statute of limitations is a law that only applies to intentional tort cases.

  4. The statute of limitations is a law that only applies to cases where the plaintiff has suffered physical injuries.


Correct Option: A
Explanation:

The statute of limitations is a law that sets a time limit on how long a plaintiff has to file a lawsuit. This law is designed to prevent plaintiffs from filing lawsuits long after the events that gave rise to the lawsuit have occurred.

What is the difference between a release and a covenant not to sue?

  1. A release is a legal document that releases the defendant from all liability for the plaintiff's injuries, while a covenant not to sue is a legal document that only releases the defendant from liability for a specific injury.

  2. A release is a legal document that is always binding, while a covenant not to sue is a legal document that is only binding if the plaintiff breaches it.

  3. A release is a legal document that is only available to individuals, while a covenant not to sue is a legal document that is available to both individuals and corporations.

  4. A release is a legal document that is only available in negligence cases, while a covenant not to sue is a legal document that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A release is a legal document that releases the defendant from all liability for the plaintiff's injuries, while a covenant not to sue is a legal document that only releases the defendant from liability for a specific injury.

What is the difference between a waiver and an estoppel?

  1. A waiver is a voluntary surrender of a legal right, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived.

  2. A waiver is a voluntary surrender of a legal right that is always binding, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived that is only binding if the other party has relied on the waiver.

  3. A waiver is a voluntary surrender of a legal right that is only available to individuals, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived that is available to both individuals and corporations.

  4. A waiver is a voluntary surrender of a legal right that is only available in negligence cases, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A waiver is a voluntary surrender of a legal right, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived.

What is the difference between a privilege and an immunity?

  1. A privilege is a legal right to do something that would otherwise be illegal, while an immunity is a legal protection from being sued.

  2. A privilege is a legal right to do something that would otherwise be illegal that is always absolute, while an immunity is a legal protection from being sued that is only absolute in certain cases.

  3. A privilege is a legal right to do something that would otherwise be illegal that is only available to individuals, while an immunity is a legal protection from being sued that is available to both individuals and corporations.

  4. A privilege is a legal right to do something that would otherwise be illegal that is only available in negligence cases, while an immunity is a legal protection from being sued that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A privilege is a legal right to do something that would otherwise be illegal, while an immunity is a legal protection from being sued.

What is the difference between a defense and a counterclaim?

  1. A defense is a legal argument that denies the plaintiff's allegations, while a counterclaim is a legal argument that asserts a claim against the plaintiff.

  2. A defense is an argument that is always successful, while a counterclaim is an argument that is only successful if the defendant can prove it by a preponderance of the evidence.

  3. A defense is an argument that is only available to defendants who are individuals, while a counterclaim is an argument that is available to all defendants.

  4. A defense is an argument that is only available in negligence cases, while a counterclaim is an argument that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A defense is a legal argument that denies the plaintiff's allegations, while a counterclaim is a legal argument that asserts a claim against the plaintiff.

What is the difference between a cross-claim and a third-party claim?

  1. A cross-claim is a legal argument that asserts a claim against a co-defendant, while a third-party claim is a legal argument that asserts a claim against a person who is not a party to the lawsuit.

  2. A cross-claim is an argument that is always successful, while a third-party claim is an argument that is only successful if the defendant can prove it by a preponderance of the evidence.

  3. A cross-claim is an argument that is only available to defendants who are individuals, while a third-party claim is an argument that is available to all defendants.

  4. A cross-claim is an argument that is only available in negligence cases, while a third-party claim is an argument that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A cross-claim is a legal argument that asserts a claim against a co-defendant, while a third-party claim is a legal argument that asserts a claim against a person who is not a party to the lawsuit.

What is the difference between a motion to dismiss and a motion for summary judgment?

  1. A motion to dismiss is a motion that asks the court to dismiss the lawsuit because the plaintiff has not stated a claim upon which relief can be granted, while a motion for summary judgment is a motion that asks the court to enter judgment in favor of the defendant because there is no genuine issue of material fact.

  2. A motion to dismiss is a motion that is always granted, while a motion for summary judgment is a motion that is only granted if the defendant can prove that there is no genuine issue of material fact.

  3. A motion to dismiss is a motion that is only available to defendants who are individuals, while a motion for summary judgment is a motion that is available to all defendants.

  4. A motion to dismiss is a motion that is only available in negligence cases, while a motion for summary judgment is a motion that is available in both negligence and intentional tort cases.


Correct Option: A
Explanation:

A motion to dismiss is a motion that asks the court to dismiss the lawsuit because the plaintiff has not stated a claim upon which relief can be granted, while a motion for summary judgment is a motion that asks the court to enter judgment in favor of the defendant because there is no genuine issue of material fact.

What is the difference between a trial and an arbitration?

  1. A trial is a formal proceeding in which a judge or jury hears evidence and decides the case, while an arbitration is an informal proceeding in which a neutral third party hears evidence and decides the case.

  2. A trial is a proceeding that is always open to the public, while an arbitration is a proceeding that is always confidential.

  3. A trial is a proceeding that is always more expensive than an arbitration.

  4. A trial is a proceeding that is always more time-consuming than an arbitration.


Correct Option: A
Explanation:

A trial is a formal proceeding in which a judge or jury hears evidence and decides the case, while an arbitration is an informal proceeding in which a neutral third party hears evidence and decides the case.

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