Chapter 3 - Defences Against Negligence in Common Law

Question 0

What are the five defences to strict liability?

Answer 0

• Act of God
• escape caused by plaintiffs own actions
• escape caused by the deliberate wrongful act of a third party
• when the dangerous object is on the defendants land with the implied or express consent of the plaintiff
• when the authorization to bring and keep the dangerous object on the defendants land is granted by statute

Question 1

What are the 9 defences to an allegation of negligence?

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

What are the defended to absolute liability?

Answer 2

There are no defences

Question 3

What does onus probandi mean?

Answer 3

Onus of proof

Question 4

What is meant by res ipsa loquiter?

Answer 4

The thing speaks for itself

Question 5

What are the two requirements to prove res ipsa loquiter?

Answer 5

• The thing that caused the loss must have been within the exclusive control of the defendant
• The thing that caused the loss could not have happened without negligence

Question 6

What does the common law doctrine of scienter apply to?

Answer 6

Dangerous animals