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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. Under Delaware's modified comparative negligence statute, a plaintiff found 51% at fault will recover what portion of damages?

    Answer: Nothing

    Delaware bars recovery when the plaintiff's negligence exceeds 50%, so a 51%-at-fault plaintiff recovers nothing.

  2. A landowner in Wilmington keeps an unfenced swimming pool. A 6-year-old trespasser drowns. Which doctrine most likely supports liability?

    Answer: Attractive nuisance doctrine

    The attractive nuisance doctrine imposes liability on landowners for artificial conditions likely to attract child trespassers who cannot appreciate the danger.

  3. In a negligence per se claim under Delaware law, violation of a safety statute establishes which elements?

    Answer: Duty and breach

    Negligence per se conclusively establishes duty and breach, but the plaintiff must still prove causation and damages.

  4. A defendant negligently injures a plaintiff with an unusually fragile skull, causing catastrophic harm a normal person would not suffer. What is the result?

    Answer: Defendant is liable for the full extent of the harm

    Under the eggshell plaintiff rule, a tortfeasor takes the victim as found and is liable for the full extent of the injury.

  5. Which element distinguishes intentional infliction of emotional distress from negligent infliction of emotional distress?

    Answer: Extreme and outrageous conduct

    IIED requires extreme and outrageous conduct done intentionally or recklessly, which NIED does not.

  6. A Delaware store owner detains a suspected shoplifter for a reasonable time and in a reasonable manner based on reasonable suspicion. In a false imprisonment suit, the owner's best defense is:

    Answer: The shopkeeper's privilege

    The shopkeeper's privilege permits reasonable detention of suspected shoplifters for investigation without liability for false imprisonment.

  7. Two defendants negligently start separate fires that merge and destroy the plaintiff's barn; either fire alone would have destroyed it. What causation test applies?

    Answer: Substantial factor test

    When multiple sufficient causes combine, the substantial factor test replaces but-for causation so each defendant remains liable.