5.3 Quiz on Defenses in Tort Law

What is the key requirement for the defense of Vicarious Liability?

• The employer must not be involved in the negligent act

• The act or omission must occur during the normal course of employment

• The defendant must admit fault

• The act or omission must occur outside of employment hours

In which defense does the burden of proof lie on the defendant to show that the claimant failed to take proper care for their own safety?

• Necessity

• Vicarious Liability

• Contributory Negligence

• Consent

Under which defense does the claimant voluntarily accept the risk associated with the defendant's actions?

• Illegality

• Consent

• Contributory Negligence

• Vicarious Liability

When does the defense of Necessity arise?

• When the claimant consents to the risk

• When the damage is caused by an act of God

• When the damage is caused to avoid a greater harm

• When the damage is caused by an act prescribed by law

Which defense applies when the damage is caused by events beyond human control?

• Act of God

• Necessity

• Contributory Negligence

• Illegality

Under which defense does the court consider whether allowing recovery would encourage criminal behavior?

• Consent

• Inevitable Accident

• Statutory Justification

• Illegality

What is the basis for the defense of Statutory or Common Law Justification?

• The claimant must have full knowledge of the risk

• The damage must be caused by an act prescribed or authorized by law

• The defendant must demonstrate the claimant's contribution to their own injury

• The damage must be caused to avoid a greater harm

Which defense allows a defendant to avoid liability by attributing the responsibility to another party?

• Contributory Negligence

• Consent

• Vicarious Liability

• Illegality