Law Society of Ontario (LSO) Paralegal Practice Exam

What is a common defense to strict liability and vicarious liability claims?

1. Act of a third person

2. Involuntary termination

3. Employee negligence

4. Legal representation

The correct answer is: Act of a third person

A common defense to strict liability and vicarious liability claims is the act of a third person. In strict liability cases, a defendant may not be held liable if they can demonstrate that the harm was caused solely by the actions of a third party that they could not foresee or prevent. This is significant because strict liability does not require proof of negligence; however, if a third party's actions were the sole cause of the injury, the defendant may escape liability. In vicarious liability, which holds an employer responsible for the negligent acts of employees performed in the course of their employment, the act of a third party can also serve as a defense. If it is shown that the employee's actions were not connected to their employment or were interrupted by a third party's act, the employer might not be held liable for that employee's actions. Other options do not serve as commonly recognized defenses in the same way. Involuntary termination pertains more to employment law than liability defenses. Employee negligence does not absolve employers from vicarious liability, as they may still be responsible for their employees' negligent acts performed during the course of their employment. Legal representation, while important in legal proceedings, does not constitute a defense against liability claims themselves.