DE Bar Torts and Negligence 2

Question 1

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

Accepted Answer

Nothing

Answer

49% of damages

Answer

51% of damages

Answer

Full damages reduced by a jury discretion factor

Question 2

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

Accepted Answer

Attractive nuisance doctrine

Answer

Res ipsa loquitur

Answer

Assumption of risk

Answer

Firefighter's rule

Question 3

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

Accepted Answer

Duty and breach

Answer

Causation and damages

Answer

All four elements of negligence

Answer

Breach and proximate cause only

Question 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?

Accepted Answer

Defendant is liable for the full extent of the harm

Answer

Defendant is liable only for foreseeable harm to a normal person

Answer

Defendant is not liable because the harm was unforeseeable

Answer

Liability is apportioned between the parties

Question 5

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

Accepted Answer

Extreme and outrageous conduct

Answer

Physical injury to the plaintiff

Answer

Presence in the zone of danger

Answer

Existence of a special relationship

Question 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:

Accepted Answer

The shopkeeper's privilege

Answer

Consent

Answer

Necessity

Answer

Defense of property by any means

Question 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?

Accepted Answer

Substantial factor test

Answer

But-for test applied to each defendant separately

Answer

Alternative liability under Summers v. Tice

Answer

Market share liability