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

No trespass because airspace is entirely public

Answer

Only nuisance can ever apply to aerial intrusions

Answer

Trespass requires physical touching of the soil

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

Only if the defendant demands one

Answer

After discovery closes

Answer

Only in wrongful death cases

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

Respondeat superior

Answer

Vicarious liability

Answer

Negligence per se

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

They are available upon any finding of ordinary negligence

Answer

They are capped at $250,000 by statute

Answer

They are unavailable in all tort actions

Question 5

A private nuisance claim requires the plaintiff to prove:

Accepted Answer

Substantial and unreasonable interference with use and enjoyment of land

Answer

Any interference, however trivial

Answer

A physical invasion of the property

Answer

Interference with a right common to the public

Question 6

A rescuer injured while reasonably attempting to save someone endangered by the defendant's negligence may recover because:

Accepted Answer

Danger invites rescue, making the rescuer a foreseeable plaintiff

Answer

Rescuers are strictly protected regardless of their own recklessness

Answer

The defendant owes duties to all persons everywhere

Answer

The rescue doctrine eliminates the causation requirement

Question 7

In a conversion action, the standard measure of damages is:

Accepted Answer

The full market value of the chattel at the time of conversion

Answer

The cost of repair only

Answer

Nominal damages

Answer

Rental value for the period of dispossession