Canadian Accredited Insurance Broker (CAIB) Three Practice Exam

What right does a defendant have when deemed strictly liable?

1. No rights

2. The right to compensation

3. The right to establish a defense

4. The right to appeal

The correct answer is: The right to establish a defense

When a defendant is deemed strictly liable, they retain the right to establish a defense. In strict liability cases, the focus is on the act itself rather than the intent or negligence of the defendant. This means that the defendant can sometimes present a defense to mitigate liability or challenge the plaintiff’s claim, even though proving intent or negligence is not required. For example, a defendant may argue that the activity was not inherently dangerous or that it was conducted in compliance with applicable regulations, which may affect the outcome of the case. This right to establish a defense is crucial because it allows the defendant to present evidence or legal arguments that could potentially limit their liability despite the strict liability standard. While the other options may seem relevant to various legal contexts, they do not align with the specific rights available to a defendant under strict liability. The right to appeal, for example, is generally available to all litigants but does not specifically relate to strict liability. Similarly, the concept of no rights or a right to compensation does not accurately reflect the legal standing of a defendant facing strict liability.