Future Business Leaders of America (FBLA) Business Law Practice Exam

Which of the following represents a defense against negligence?

1. Contributory negligence

2. Assumption of risk

3. Informed consent

4. All of the above

The correct answer is: All of the above

A defense against negligence is a legal argument used by defendants to reduce or eliminate liability for a plaintiff's claim of negligence. Each of the listed options represents a valid defense that can be raised in a negligence case. Contributory negligence occurs when a plaintiff's own negligence contributes to their injury. If proven, it can bar the plaintiff from recovering damages, or in some jurisdictions, it may reduce the damages awarded based on the percentage of fault attributed to the plaintiff. Assumption of risk involves a situation where the plaintiff knowingly and voluntarily engages in activities that carry inherent risks. If the plaintiff understood those risks and nonetheless chose to participate, they may not be able to claim damages for injuries resulting from those risks. Informed consent is most commonly associated with medical and professional settings, where a patient or participant agrees to a procedure or treatment after being fully informed of the risks involved. If a plaintiff had provided informed consent to the risks involved in an action, they may be unable to claim negligence for the resulting harm. The presence of all three defenses makes them collectively significant in negligence cases, thus justifying the conclusion that all are valid defenses against negligence claims. This comprehensive understanding allows defendants to strategically defend against potential liability.