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Torts and Negligence Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Torts and Negligence flashcards as text

  1. A dog with no history of aggression bites a visitor in Delaware. Under 16 Del. C. § 3053F, the owner is:

    Answer: Strictly liable unless the victim was trespassing, committing a crime, or provoking the dog

    Delaware imposes strict liability on dog owners for bites, with exceptions for trespass, crime, or provocation, abolishing the one-bite rule.

  2. Which activity most clearly triggers strict liability for abnormally dangerous activities?

    Answer: Commercial blasting with dynamite near homes

    Blasting is the classic abnormally dangerous activity because its high risk cannot be eliminated by reasonable care.

  3. A bystander witnesses a close relative's injury caused by negligence. Under the zone-of-danger approach to NIED, the bystander must show:

    Answer: They were themselves at risk of physical impact and feared for their safety

    The zone-of-danger rule limits NIED recovery to plaintiffs who were personally threatened with physical impact.

  4. In a res ipsa loquitur case, the plaintiff must generally show the injury-causing instrumentality was:

    Answer: Within the defendant's exclusive control

    Res ipsa requires an event that ordinarily does not occur without negligence and an instrumentality under the defendant's exclusive control.

  5. A surgeon operates on the wrong knee after the patient consented only to surgery on the left knee. The strongest intentional tort claim is:

    Answer: Battery

    Surgery beyond the scope of consent is an unconsented harmful or offensive contact, constituting battery.

  6. Delaware follows joint and several liability for joint tortfeasors. A defendant who pays more than its proportionate share may seek what from co-defendants?

    Answer: Contribution

    Delaware's Uniform Contribution Among Tortfeasors Act allows a paying tortfeasor to recover proportionate shares from co-tortfeasors.

  7. Which plaintiff conduct supports an express assumption of risk defense?

    Answer: Signing a valid liability waiver before skydiving

    Express assumption of risk arises from an explicit agreement, such as a signed waiver, to relieve the defendant of liability.