Font size
WorksheetsLA2020 Workshop 9 -2026 defences
Total questions: 16
Worksheet time: 9mins
Contributory negligence is a plaintiff’s failure to meet the standard of reasonable care for his/her own protection:
Where such failure is a legally contributing cause to the injury sustained
Where such failure is a morally contributing cause to the injury sustained
Where such failure is an economically contributing cause to the injury sustained
Which is the true statement?
It is not necessary that the plaintiff’s contributory negligence be a cause of the accident
It is necessary that the plaintiff’s contributory negligence be a cause of the accident
Where the plaintiff is found to have contributed to the injury, damages are apportioned between the defendant and the plaintiff according to:
The degree of fairness as determined by a judge
The degree of fairness as determined by a jury
The degree of contributory negligence by the plaintiff
A court can apportion 100% responsibility to the plaintiff with the result that the defendant’s contribution is reduced by 100%. Which section authorises this?
s. 23 of the Civil Liability Act 2003 (Qld)
s. 24 of the Civil Liability Act 2003 (Qld)
s. 10 of the Law Reform Act 1995 (Qld)
What principles are applied to determine whether the plaintiff was contributory negligent?
the principles in s. 9 of the Civil Liability Act 2003 (Qld) as directed by s. 23 of that Act
the principles in s. 10 of the Civil Liability Act 2003 (Qld) as directed by s. 22 of that Act
the principles in s. 10 of the Law Reform Act 1995 (Qld) as directed by s. 22 of that Act
Under the Civil Liability Act 2003 (Qld) there is a presumption of contributory negligence where (you can select more than one answer):
the plaintiff who suffers harm is intoxicated
the plaintiff who suffers harm relies on the care and skill of the intoxicated defendant
the plaintiff who suffers harm has dizzy spells
the plaintiff who suffers harm suffers sleep deprivation
s. 47 of the Civil Liability Act 2003 (Qld) states that the presumption that the plaintiff is contributory negligent due to their intoxication can be rebutted if (you can select more than one answer):
the plaintiff’s intoxication does not prevent the plaintiff from walking in a straight line in the presence of a police officer
the plaintiff’s intoxication does not prevent the plaintiff from doing 10 push-ups in 30 seconds in the presence of a police officer
the plaintiff’s intoxication was not a factor in the occurrence of the injury
the plaintiff’s intoxication was not self-induced
Under s. 45(1) of the Civil Liability Act 2003 (Qld), a defendant is not negligent if the court is satisfied on the balance of probabilities that essentially two things are satisfied. What is one of them?
the plaintiff engaged in conduct that's an indictable offence
the plaintiff engaged in conduct that's a summary offence
the plaintiff engaged in conduct that's a criminal offence
Under s. 45(1) of the Civil Liability Act 2003 (Qld), a defendant is not negligent if the court is satisfied on the balance of probabilities that essentially two things are satisfied. What is one of them?
the plaintiff's conduct inherently contributed to the risk of the harm
the plaintiff's conduct obviously contributed to the risk of the harm
the plaintiff's conduct materially contributed to the risk of the harm.
Despite s. 45(1) of the Civil Liability Act 2003 (Cth), s. 45(2) authorises a court to still award damages if satisfied that:
s. 45(1) would discriminate against low-income plaintiffs
s. 45(1) would operate harshly and unfairly
s. 45(1) would operate inhumanely and unjustly
s. 45(1) would operate harshly and unjustly
Under s. 45(4) of the Civil Liability Act 2003 (Qld) (select more than one):
it does not matter if the criminal prosecutor is of the opinion the plaintiff did not commit an indictable offence
it does not matter if there is insufficient evidence to convict the plaintiff of an indictable offence.
it does not matter if the plaintiff hasn't been charged with an indictable offence.
Under s. 18 of the Civil Liability Act 2003 (Qld) dangerous recreational activity means an activity engaged in for
enjoyment, relaxation or leisure that involves a not insignificant degree of risk of physical harm to a person.
enjoyment, relaxation or work that involves a significant degree of risk of physical harm to a person.
enjoyment, relaxation or leisure that involves a degree of risk of physical harm to a person.
enjoyment, work or leisure that involves a significant degree of risk of physical harm to a person.
enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person.
S. 19(1) of the Civil Liability Act 2003 (Qld) states that a defendant is not liable in negligence for harm suffered by the plaintiff ________________ of a dangerous recreational activity engaged in by the plaintiff.
as a result of the materialisation of any risk
as a result of the materialisation of an obvious risk
as a result of the materialisation of an inherent risk
The term "obvious risk" in s. 19(1) of the Civil Liability Act 2003 (Qld) for dangerous recreational activity
is defined in s. 10 of the Civil Liability Act 2003 (Qld)
is defined in s. 11 of the Civil Liability Act 2003 (Qld)
is defined in s. 12 of the Civil Liability Act 2003 (Qld)
is defined in s. 13 of the Civil Liability Act 2003 (Qld)
Under s. 11 of the Limitation of Actions Act 1974 (Qld), personal injury claims must be commenced in a court within how many years from the date the action arises?
Two years
Three years
Four years
Five years
Six years
Which section of the Limitations of Actions Act 1974 (Qld) grants the Court discretion to extend the period of limitation subject to conditions being met:
Section 31(1)
Section 31(2)
Section 31(3)
Section 31(4)
