Ace the ACCA Business Law Challenge 2026 – Unlock Success and Rule the Corporate World!

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Which of the following defenses can be raised in a negligence claim?

Contributory negligence

In a negligence claim, contributory negligence is a defense that can be raised to demonstrate that the claimant shared some responsibility for the harm they suffered. This defense asserts that the injured party's own actions contributed to the injury, which can limit or eliminate the liability of the defendant. For instance, if an individual fails to take reasonable precautions or acts in a way that is careless, leading to their injury, they may be found partially at fault. Depending on the jurisdiction and applicable laws, the damages awarded to the claimant may be reduced by the percentage of fault attributed to them. This principle encourages individuals to exercise a standard of care for their own safety, illustrating the shared burden of responsibility in negligence claims.

Other options presented do not serve as defenses in negligence claims in the same context. Res ipsa loquitur is a doctrine that allows a claimant to prove negligence through circumstantial evidence, suggesting that the occurrence of an accident implies negligence. Vicarious liability holds an employer or principal legally responsible for the negligent actions of an employee or agent, rather than serving as a defense for the individual accused of negligence. Statute of limitations refers to the maximum time period allowed for initiating legal proceedings, but it does not address the merits of a negligence claim itself.

Res ipsa loquitur

Vicarious liability

Statute of limitations

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