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DE · jury_instructions

Del. P.J.I. Civ. § 5.3

No Duty to Anticipate Negligence

activein force · 2025-10-22 – presentcompiled-edition

NO DUTY TO ANTICIPATE NEGLIGENCE

Nobody is required to anticipate someone else’s negligence. A [driver / person]

is allowed to assume that another [driver / person] will not act negligently until

[he/she] knows or should know that the other person is acting or is about to act

negligently. Therefore, a [driver / person] is required to act reasonably and

prudently under the circumstances of the particular situation.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
civ-2025-10-22
Content hash
c1adcbec0e18bf177604959789eb21d04d2c08d010815db3c06100544fc67389
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