MBE Critical Pass Practice Test

Defenses to tort liability center on fault and causation. Contributory negligence means the plaintiff’s own care contributed to the harm; in comparative negligence, fault is allocated between plaintiff and defendant, reducing damages accordingly. Assumption of risk shows the plaintiff knowingly exposed themselves to danger, which can bar or limit recovery. A superseding (intervening) cause breaks the chain of causation, so the defendant isn’t liable for harms caused by that new event. These defenses are the primary ways liability can be limited in negligence cases and are commonly relevant in related strict liability situations as well, through reduced damages or other recognized defenses. Other concepts like res ipsa loquitur are evidentiary rules about negligence, double jeopardy is criminal-law, and statutes of limitations are timing rules, not the core fault-and-causation defenses in tort.