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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 plaintiff sues for trespass to land after the defendant's drone repeatedly flies 20 feet over the plaintiff's backyard. The best analysis is:

    Answer: Trespass lies because the intrusion is in the immediate reaches of the airspace and interferes with use

    Low-altitude intrusions into the immediate reaches of airspace that interfere with use and enjoyment constitute trespass to land.

  2. In a Delaware medical negligence action, an affidavit of merit signed by a qualified expert is generally required:

    Answer: At the time the complaint is filed

    18 Del. C. § 6853 requires most medical negligence complaints to be accompanied by an expert's affidavit of merit.

  3. A defendant shoots at A, misses, and hits B, who was standing nearby. B sues for battery. The doctrine allowing B to recover is:

    Answer: Transferred intent

    Transferred intent shifts the intent to harm A onto the actual victim B, completing the battery claim.

  4. Which statement about punitive damages in Delaware tort cases is accurate?

    Answer: They require conduct that is willful, wanton, or malicious, not mere negligence

    Delaware permits punitive damages only for outrageous conduct showing willful, wanton, or malicious behavior.

  5. A private nuisance claim requires the plaintiff to prove:

    Answer: Substantial and unreasonable interference with use and enjoyment of land

    Private nuisance protects against substantial and unreasonable interference with a possessor's use and enjoyment of land.

  6. A rescuer injured while reasonably attempting to save someone endangered by the defendant's negligence may recover because:

    Answer: Danger invites rescue, making the rescuer a foreseeable plaintiff

    Under the rescue doctrine, rescuers are foreseeable plaintiffs because danger invites rescue.

  7. In a conversion action, the standard measure of damages is:

    Answer: The full market value of the chattel at the time of conversion

    Conversion is a forced sale, so the plaintiff recovers the chattel's full fair market value at the time of the conversion.