4. Tort Law

Defences In Tort — Quiz

Test your understanding of defences in tort with 5 practice questions.

Practice Questions

Question 1

In a jurisdiction that has adopted a 'modified comparative negligence' rule with a $51\%$ bar, a plaintiff is found to be $50\%$ at fault for their injuries. If the total damages are $100,000$, what amount can the plaintiff recover?

Question 2

Which defence would be most appropriate for a property owner who uses reasonable force to remove a trespasser who refuses to leave after being asked?

Question 3

A surgeon performs an elective cosmetic procedure on a patient who signed a consent form. During the procedure, the surgeon deviates significantly from the agreed-upon plan without the patient's knowledge or further consent, leading to unforeseen complications. Which defence is least likely to succeed if the patient sues for battery?

Question 4

What is the key distinction between 'private necessity' and 'public necessity' as defences in tort law?

Question 5

A statute grants a utility company the right to enter private land to inspect and repair power lines. During a routine inspection, a utility worker accidentally damages a fence. If the landowner sues for trespass, which aspect of 'lawful authority' is most critical for the utility company's defence?