DE Bar Torts and Negligence 4

Question 1

A dog with no history of aggression bites a visitor in Delaware. Under 16 Del. C. § 3053F, the owner is:

Accepted Answer

Strictly liable unless the victim was trespassing, committing a crime, or provoking the dog

Answer

Delaware imposes strict liability on dog owners for bites, with exceptions for trespass, crime, or provocation, abolishing the one-bite rule.

Question 2

Which activity most clearly triggers strict liability for abnormally dangerous activities?

Accepted Answer

Commercial blasting with dynamite near homes

Answer

Blasting is the classic abnormally dangerous activity because its high risk cannot be eliminated by reasonable care.

Question 3

A bystander witnesses a close relative's injury caused by negligence. Under the zone-of-danger approach to NIED, the bystander must show:

Accepted Answer

They were themselves at risk of physical impact and feared for their safety

Answer

The zone-of-danger rule limits NIED recovery to plaintiffs who were personally threatened with physical impact.

Question 4

In a res ipsa loquitur case, the plaintiff must generally show the injury-causing instrumentality was:

Accepted Answer

Within the defendant's exclusive control

Answer

Res ipsa requires an event that ordinarily does not occur without negligence and an instrumentality under the defendant's exclusive control.

Question 5

A surgeon operates on the wrong knee after the patient consented only to surgery on the left knee. The strongest intentional tort claim is:

Accepted Answer

Battery

Answer

Surgery beyond the scope of consent is an unconsented harmful or offensive contact, constituting battery.

(DE Bar) Delaware Bar Exam Practice Test