What is the defense of consent in tort law?
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Examines common defenses such as consent, self-defense, comparative negligence, and privilege.
Mastering this deck enables students to identify and apply various defenses in tort cases, enhancing their ability to analyze liability issues critically and craft effective legal strategies in civil litigation.
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| # | Front | Back | Hint |
|---|---|---|---|
| 1 | What is the defense of consent in tort law? | Consent is a defense that, if valid, bars recovery for tortious conduct if the plaintiff voluntarily agreed to the act that caused harm, provided the consent was informed and not obtained through fraud or duress. | Think of sports: players consent to contact |
| 2 | Under what circumstances can self-defense be used as a defense in tort cases? | Self-defense is a defense when the defendant reasonably believes they are in imminent danger of harm and uses force proportionate to prevent that harm, without initial aggression. | Reasonable perception + proportional force |
| 3 | Explain the principle of comparative negligence as a defense. | Comparative negligence reduces or eliminates damages based on the plaintiff’s own degree of fault in causing or contributing to the harm, allowing the defendant to avoid liability if the plaintiff was partially responsible. | Share the blame |
| 4 | What is the doctrine of privilege in tort defenses? | Privilege is a legal justification that allows certain conduct, such as defamation or intrusion, even if it would otherwise be tortious, because the conduct serves a protected interest, like free speech or public duty. | Protected interests |
| 5 | How does the defense of necessity operate in tort law? | Necessity is a defense when the defendant commits a tort to prevent a greater harm, and the act was reasonable and necessary under the circumstances. | Choosing the lesser evil |
| 6 | When might a defendant invoke the 'act of God' as a defense? | An 'act of God' defense applies when the injury was caused by natural, extraordinary events outside human control, such as earthquakes or floods, preventing liability. | Nature's fury |
| 7 | What role does assumption of risk play as a defense? | Assumption of risk applies when the plaintiff knowingly and voluntarily exposes themselves to a known danger, thereby limiting or barring their recovery. | Knowing danger |
| 8 | Describe the 'statute of limitations' as a defense in tort claims. | The statute of limitations sets a time limit within which a plaintiff must file a claim; if expired, the defendant can invoke it to dismiss the case, regardless of liability. | Time bar |
| 9 | What is the significance of privilege in the context of defamation claims? | Certain communications, such as those made in legislative or judicial settings, are privileged and protected from defamation claims, provided they are within the scope of the privilege and made in good faith. | Protected speech |
| 10 | How does the doctrine of res judicata serve as a defense in tort law? | Res judicata prevents a party from relitigating a claim or issue that has already been finally decided in a court of competent jurisdiction, thus serving as a bar to subsequent suits. | Final judgment |
| 11 | In what situations can immunity be used as a defense? | Immunity can be invoked by certain officials or entities (e.g., government officials, spouses) when actions are protected by statutory or common law privileges, shielding them from tort liability. | Legal protection |
| 12 | Can a defendant successfully use the mistake of fact as a defense? | Yes, if the defendant's conduct was based on a reasonable mistake of fact that negates the intent or negligence required for liability, it can serve as a defense. | Wrong assumption |
| 13 | What is 'contributory negligence,' and how does it differ from comparative negligence? | Contributory negligence completely bars recovery if the plaintiff is even slightly at fault, whereas comparative negligence reduces damages proportionally based on fault. | All or nothing vs. proportional |
| 14 | Explain the 'good Samaritan' defense. | The good Samaritan defense shields individuals who voluntarily assist others in peril from liability for ordinary negligence, provided their assistance was in good faith and not grossly negligent. | Helping without harm |
| 15 | When is the 'public authority' privilege applicable as a defense? | This privilege applies to actions taken by public officials in the course of their official duties, providing immunity from tort liability unless their conduct was willful or malicious. | Official acts |
| 16 | How does the 'discretionary function' exception limit governmental liability? | The discretionary function exception shields government actions that involve policy judgment or planning, so long as they are grounded in social, economic, or political policy considerations. | Policy-based decisions |
| 17 | In what circumstances can a defendant claim 'lack of proximate cause' as a defense? | A defendant can assert lack of proximate cause if the harm was not a foreseeable result of their conduct, breaking the causal link necessary for liability. | Too remote |
| 18 | What is the 'firefighter’s rule' as a defense? | The firefighter’s rule prevents firefighters and police officers from recovering damages for injuries sustained while performing their official duties, assuming they encountered known risks inherent in their roles. | Known dangers |
| 19 | Describe the 'qualified privilege' in the context of tort defenses. | Qualified privilege allows certain communications or actions to be protected from liability if made without malice and in good faith, often in contexts like employment references or reports. | Conditional protection |
| 20 | Can a defendant successfully invoke 'statute of repose' as a defense? | Yes, statutes of repose set a fixed time limit after the completion of a product or act, after which no liability can be imposed, providing certainty and finality. | Fixed time limit |
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