Law Society of Ontario (LSO) Paralegal Practice Exam

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Which defense can be used against a claim of negligence?

Impracticality
Contributory Negligence
Self-Defense
Negligent Misrepresentation

The correct answer is: Contributory Negligence

In a negligence claim, contributory negligence serves as a valid defense by demonstrating that the plaintiff's own actions contributed to their injury or damage. This defense acknowledges that while the defendant may have acted negligently, the plaintiff also bears some responsibility for the outcome. If the court finds that the plaintiff was partly at fault, it can reduce the damages awarded accordingly, allowing for a more equitable outcome based on the respective levels of fault. For understanding the context of the other options, impracticality is typically not a recognized defense in negligence claims; it does not negate the breach of duty but relates more to contract law. Self-defense is relevant in the context of intentional torts rather than negligence claims and does not apply to situations where negligence is at issue. Negligent misrepresentation refers to providing false information that leads someone to suffer a loss, which is a separate legal concept and does not serve as a defense against negligence itself.