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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 law, the statute of limitations for most personal injury actions is:

    Answer: Two years

    Delaware's 10 Del. C. § 8119 sets a two-year limitations period for personal injury claims.

  2. A social guest injured by a hidden defect in a Delaware home is classified at common law as which type of entrant?

    Answer: Licensee

    Social guests are licensees, owed a duty to warn of known hidden dangers but not a duty of reasonable inspection.

  3. In a strict products liability action, which defect theory alleges the product was made exactly as designed but the design itself is unreasonably dangerous?

    Answer: Design defect

    A design defect claim challenges the inherent design, typically under a risk-utility or consumer expectation test.

  4. A defendant's negligence stalls the plaintiff's car on train tracks; a train strikes the car. The train's arrival is best characterized as:

    Answer: A foreseeable intervening cause that does not cut off liability

    Foreseeable intervening forces within the risk created by the defendant's negligence do not break the causal chain.

  5. Under Delaware's guest statute for premises, what must a bare licensee or guest without payment generally prove against an owner of a private residence?

    Answer: Willful or wanton conduct or intentional harm

    Delaware's premises guest statute (25 Del. C. § 1501) limits a gratuitous guest's recovery to intentional or willful/wanton conduct.

  6. An employer is sued for an employee's tort committed while making a personal stop far outside the delivery route. The employer's best argument is:

    Answer: The employee was on a frolic, outside the scope of employment

    A frolic is a major deviation from employment duties that takes the employee outside the scope of employment, defeating respondeat superior.

  7. To recover for defamation, a private-figure plaintiff suing over a statement on a matter of public concern must prove at minimum:

    Answer: Negligence as to falsity

    Under Gertz, private figures on matters of public concern must prove at least negligence regarding the statement's falsity.