Chapter 3

Question 1

What are the defences against negligence?
Hint: 10 of them

Answer 1

Denial
Remoteness of damage
Inevitable accident
No duty owed
Emergency
Act of god
Voluntary assumption of risk
Contributory negligence
Limitation period

Question 2

Explain the defence denial

Answer 2

Defendant must prove:
That he did not commit the act that caused a complaint
That his actions were not negligent, and/or
The plaintive suffered no injury as a result of his actions

Question 3

Explain the defence remoteness of damages

Answer 3

Defendant must prove that their actions were not the proximate cause

Question 4

Explain the defence inevitable accident and what case studies illustrate this defence?

Answer 4

Defendant must prove damages, arose from an outside cause over which they had no control

Ryan versus Young and Telfer versus Wright

Question 5

Explain no duty owed defence and what case illustrates this defence?

Answer 5

Defendant must prove that the plaintiff was beyond the range of foreseeable danger

Palsgraf versus Long Island railroad co.

Question 6

Explain the defence emergency

Answer 6

Defendant must prove they took reasonable steps to remove themselves from danger

Question 7

Explain the defence act of God

Answer 7

This is an act of nature with no human interference

Question 8

Explain the defence voluntary assumption of risk and the case study illustrating the defence?

Answer 8

Defendant must prove that the plaintiff:
Knew about and accepted the risk
Waived there right to a legal claim

Waldick versus Malcolm

Question 9

Explain the defence disclaimer

Answer 9

Defendant must prove that the plaintiff knowingly renounce to their right to recovery

Question 10

Explain the defence contributory negligence

Answer 10

Defendant must prove that the plaintiff was partially responsible for their own injuries

Question 11

Explain the defence limitation period

Answer 11

Defendant must show that the plaintiff didn’t bring action within period prescribed by law

Question 12

What are the defences for strict liability?

Answer 12

Act of God
Escape caused by the plaintiffs own actions
Escape by the deliberate wrongful act of a third-party
When the dangerous object is on the defendants land with the implied or expressed consent of the plaintiff
When the authorization to bring and keep the dangerous object on the defendants land is granted by statue

Question 13

Define absolute liability

Answer 13

Liability associated with very dangerous actions. Often found in cases involving explosives, and then many automobile laws. Negligence does not have to be proven.

Question 14

What are the examples were on onus of proof shifts?

Answer 14

Statue
Bailees
The thing speaks for itself
Scienter
Good Samaritan concept

Question 15

Explain the onus of proof shifted statue

Answer 15

Highway Traffic act states if a car hits a pedestrian, the onus shifts to the driver to prove they were not negligent

Onus shift to defendant

Question 16

Explain onus of proof shifted Bailees

Answer 16

Responsible for clients property as it is in their control

Onus shifts to defendant

Question 17

Explain onus of proof shifted the thing speaks for itself

Answer 17

Res ipsa loquitur

Two requirements must be met:
The thing that cause a loss was in the exclusive control of the defendant and
The cause of loss was the defendant negligent

Question 18

Explain the onus of proof shifted scienter

Answer 18

Applies to domestic animals
If the owner is aware of similar behaviour by the animal prior to the incident, then the animal will be considered a dangerous animal and the owner will be held strictly liable
Onus on the plaintive to prove that the dog had a propensity for the actions that caused the harm

Question 19

Explain onus of proof shifted good Samaritan concept

Answer 19

Protects volunteer rescuers by restricting liability against them to the level of gross negligence or recklessness