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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: General Defences in Tort - Judiciary Exams MCQ

Test: General Defences in Tort - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: General Defences in Tort

Test: General Defences in Tort for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: General Defences in Tort questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: General Defences in Tort MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: General Defences in Tort below.
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Test: General Defences in Tort - Question 1
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What is the primary role of tort law in the legal system?

Detailed Solution for Test: General Defences in Tort - Question 1
Tort law primarily serves as a mechanism for individuals to seek compensation for harm or injury caused by the wrongful actions of others. It allows victims to file lawsuits to recover damages for various losses. This aspect of tort law is essential in ensuring that individuals are held accountable for their actions and that victims are fairly compensated for their losses.
Test: General Defences in Tort - Question 2
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What do defences in tort law refer to?

Detailed Solution for Test: General Defences in Tort - Question 2
Defences in tort law are legal arguments that defendants can use to avoid liability for a tortious act. These defences are crucial as they help protect the legal rights and interests of the defendant. One example of a defence is contributory negligence, which can be used by a defendant to argue that the plaintiff's actions contributed to the harm they suffered, thereby reducing the defendant's liability.
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Test: General Defences in Tort - Question 3
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How does tort law help ensure accountability in cases of negligence?

Detailed Solution for Test: General Defences in Tort - Question 3
Tort law helps ensure accountability in cases of negligence by allowing victims to seek compensation for the harm or injury caused by the negligent party. This compensation can cover various losses such as medical expenses, lost wages, and pain and suffering. By providing a legal avenue for victims to seek redress, tort law plays a crucial role in holding individuals accountable for their actions.
Test: General Defences in Tort - Question 4
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What is the primary purpose of general defences in tort law?
Detailed Solution for Test: General Defences in Tort - Question 4
The primary purpose of general defences in tort law is to protect the legal rights and interests of the defendant. These defences serve as legal principles that defendants can invoke to escape liability for a tortious act. They help in maintaining a fair balance between the rights of the plaintiff and the defendant in a legal dispute, ensuring that defendants are not held liable for actions that were not within their control.
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How does the defence of necessity function in tort law?
Detailed Solution for Test: General Defences in Tort - Question 5
The defence of necessity in tort law can be utilized when a person trespasses on another's property to prevent serious harm or save a life. This defence acknowledges that in certain situations, breaking the law (trespassing) might be justified if it is done to prevent a greater harm or to save someone's life. It represents a legal recognition that in some circumstances, urgent action is necessary despite infringing on someone's property rights.
Test: General Defences in Tort - Question 6
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What role does the defence of consent play in tort law?
Detailed Solution for Test: General Defences in Tort - Question 6
The defence of consent is significant in tort law as it can be invoked when a person agrees to participate in a risky activity and subsequently gets injured. By consenting to engage in such an activity, the plaintiff assumes a certain level of risk, which can impact the liability of the defendant. This defence recognizes that in some situations, individuals willingly accept the risks involved in an activity, thereby affecting the legal outcome in case of any resulting harm.
Test: General Defences in Tort - Question 7
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What is the primary objective of general defences in tort law?
Detailed Solution for Test: General Defences in Tort - Question 7
The primary objective of general defences in tort law is to uphold a fair and equitable balance between the legal rights of both parties involved in a legal dispute. These defences are crucial for safeguarding the rights of defendants and ensuring that they are not wrongfully held accountable for actions that were beyond their control. By allowing defendants to invoke suitable defences, the legal system aims to achieve a just outcome that considers the circumstances of each case.
Test: General Defences in Tort - Question 8
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Why are general defences essential in tort law?
Detailed Solution for Test: General Defences in Tort - Question 8
General defences play a crucial role in tort law by safeguarding the rights of defendants and preventing unjust liability. These defences are designed to offer legal protection to individuals who may otherwise be held accountable for actions that were not necessarily wrongful or within their control. By providing avenues for defendants to assert appropriate defences, the legal system strives to ensure fairness and balance in resolving disputes between parties.
Test: General Defences in Tort - Question 9
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How does the defense of volenti non fit injuria impact a plaintiff's ability to claim damages?
Detailed Solution for Test: General Defences in Tort - Question 9
The defense of volenti non fit injuria restricts the plaintiff's ability to claim damages for harm incurred during an activity they voluntarily participated in and were aware of its risks. By accepting the risk involved, the plaintiff essentially waives the right to seek compensation for any injuries suffered. This legal principle emphasizes the importance of individual choice and accountability in determining liability for injuries in tort cases.
Test: General Defences in Tort - Question 10
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What does the defense of an act of God argue in legal terms?
Detailed Solution for Test: General Defences in Tort - Question 10
The defense of an act of God asserts that the harm or injury resulted from natural events beyond human control, arguing that the defendant should not be held liable for damages caused by such events. This legal concept aims to protect individuals or entities from being held responsible for damages stemming from uncontrollable natural occurrences, emphasizing the lack of human agency in such situations.
Test: General Defences in Tort - Question 11
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What is the primary focus of the defense of private defense in legal terms?
Detailed Solution for Test: General Defences in Tort - Question 11
The defense of private defense asserts that the defendant acted to protect themselves, others, or property, arguing that their actions were necessary to prevent harm or injury. This legal defense highlights the justification for actions taken in defense of oneself or others, aiming to shield individuals from legal repercussions when acting in a manner deemed necessary to prevent harm.
Test: General Defences in Tort - Question 12
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In the scenario provided for the defense of necessity, what example illustrates this defense?
Detailed Solution for Test: General Defences in Tort - Question 12
The defense of necessity argues that the defendant's actions were essential to prevent greater harm. An example illustrating this defense is when a firefighter breaks into a house to extinguish a fire, causing property damage. In such cases, the actions of the defendant are deemed justified given the circumstances to prevent harm to human life.
Test: General Defences in Tort - Question 13
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What is the primary purpose of the defense of statutory authority in tort law?
Detailed Solution for Test: General Defences in Tort - Question 13
The defense of statutory authority in tort law aims to justify a defendant's actions as permitted by law, asserting that the defendant should not be held liable for harm caused under circumstances where their actions were authorized by a relevant statute. This defense serves as a legal mechanism to safeguard defendants' rights and interests within the legal system, emphasizing the importance of acting within the boundaries of the law.
Test: General Defences in Tort - Question 14
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What role do courts play in assessing general defenses in tort law?
Detailed Solution for Test: General Defences in Tort - Question 14
Courts play a crucial role in assessing general defenses in tort law by carefully examining the evidence presented by both parties to determine the validity and applicability of a defense. This process involves a thorough review of the facts and legal arguments to ensure that the defense aligns with the requirements and principles of the legal system.
Test: General Defences in Tort - Question 15
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In tort law, what purpose do general defenses serve for defendants?
Detailed Solution for Test: General Defences in Tort - Question 15
General defenses in tort law serve the crucial function of providing defendants with a legal framework to protect their rights and interests. These defenses are essential in ensuring that defendants have avenues to contest claims brought against them, based on legal principles and specific circumstances of each case. It is important for the court to carefully assess the validity of these defenses based on the evidence presented by both parties, ultimately determining the outcome of the case.
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