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

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

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

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

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

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

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

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

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

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

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Torts and Negligence 3