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

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

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

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

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

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

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

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

Question 5

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

Accepted Answer

Extreme and outrageous conduct

Answer

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

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Torts and Negligence 2