Defenses to Torts

What is the most common defense to many intentional torts?

• Privilege

• Self-defense

• Negligence

• Consent

In which of the following situations would consent be assumed?

• A boxer signing a contract to participate in a boxing match

• A person seriously injured in an auto accident who needs emergency surgery

• A homeowner using force to defend their property from a thief

• A police officer arresting someone

What is the purpose of the privilege defense in intentional tort cases?

• To justify conduct that would otherwise be a tort because the defendant's interests or public policy require it

• To allow the defendant to escape liability because the plaintiff agreed to the harmful conduct

• To give the defendant legal authority to commit the tort

• To protect the defendant from liability if they were acting in self-defense

Which of the following is an example of legal authority as a defense to an intentional tort?

• A homeowner using reasonable force to recover stolen property

• A police officer using excessive force during an arrest

• A person defending themselves against an attacker with deadly force

• A parent using unreasonable force to discipline their child

Under what circumstances is deadly force considered reasonable in self-defense?

• Only when the defender's life is in danger

• Whenever the defender is attacked

• When the defender is protecting their property

• When the defender is coming to the rescue of another person

What is the traditional legal defense of contributory negligence?

• A plaintiff cannot recover damages if their own negligence contributed in any way to their harm

• A defendant's negligence is compared to the plaintiff's negligence to determine liability

• A defendant is not liable for damages if the plaintiff voluntarily encountered a known danger

• A plaintiff's recovery is reduced by their degree of fault

What defense has replaced contributory negligence in most states?

• Assumption of risk

• Self-defense

• Comparative negligence

• Partially funded negligence

How does comparative negligence work?

• The plaintiff's recovery is reduced by their degree of fault

• The plaintiff cannot recover damages if their own negligence contributed in any way to their harm

• The defendant's negligence is compared to the plaintiff's negligence to determine liability

• The plaintiff's recovery is increased if they were more than 50 percent at fault

What is the legal defense of assumption of risk?

• A person voluntarily encounters a known danger and decides to accept the risk of that danger

• A defendant's negligence is compared to the plaintiff's negligence to determine liability

• A plaintiff's recovery is reduced by their degree of fault

• A plaintiff cannot recover damages if their own negligence contributed in any way to their harm

When is the assumption of risk defense applicable without a warning notice?

• When the danger is obvious and well-known

• When the defendant has legal authority

• When the plaintiff has signed a consent form

• When the defendant is acting in self-defense