DE Bar Torts and Negligence 3

Question 1

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

Accepted Answer

Two years

Answer

One year

Answer

Three years

Answer

Six years

Question 2

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

Accepted Answer

Licensee

Answer

Invitee

Answer

Trespasser

Answer

Business visitor

Question 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?

Accepted Answer

Design defect

Answer

Manufacturing defect

Answer

Failure to warn

Answer

Breach of express warranty

Question 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:

Accepted Answer

A foreseeable intervening cause that does not cut off liability

Answer

A superseding cause relieving the defendant

Answer

An independent criminal act

Answer

An act of God barring recovery

Question 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?

Accepted Answer

Willful or wanton conduct or intentional harm

Answer

Ordinary negligence

Answer

Gross negligence only

Answer

Strict liability

Question 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:

Accepted Answer

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

Answer

The employee was an independent contractor

Answer

The tort was merely negligent, not intentional

Answer

Respondeat superior never covers driving

Question 7

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

Accepted Answer

Negligence as to falsity

Answer

Actual malice

Answer

Strict liability applies, so only falsity

Answer

Ill will toward the plaintiff