DE Bar Torts and Negligence 5

Question 1

A plaintiff sues for trespass to land after the defendant's drone repeatedly flies 20 feet over the plaintiff's backyard. The best analysis is:

Accepted Answer

Trespass lies because the intrusion is in the immediate reaches of the airspace and interferes with use

Answer

Low-altitude intrusions into the immediate reaches of airspace that interfere with use and enjoyment constitute trespass to land.

Question 2

In a Delaware medical negligence action, an affidavit of merit signed by a qualified expert is generally required:

Accepted Answer

At the time the complaint is filed

Answer

18 Del. C. § 6853 requires most medical negligence complaints to be accompanied by an expert's affidavit of merit.

Question 3

A defendant shoots at A, misses, and hits B, who was standing nearby. B sues for battery. The doctrine allowing B to recover is:

Accepted Answer

Transferred intent

Answer

Transferred intent shifts the intent to harm A onto the actual victim B, completing the battery claim.

Question 4

Which statement about punitive damages in Delaware tort cases is accurate?

Accepted Answer

They require conduct that is willful, wanton, or malicious, not mere negligence

Answer

Delaware permits punitive damages only for outrageous conduct showing willful, wanton, or malicious behavior.

Question 5

A private nuisance claim requires the plaintiff to prove:

Accepted Answer

Substantial and unreasonable interference with use and enjoyment of land

Answer

Private nuisance protects against substantial and unreasonable interference with a possessor's use and enjoyment of land.

(DE Bar) Delaware Bar Exam Practice Test