reglab/housing_qa huggingface dataset:
10 DE Code § 4001. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter I. State Tort Claims|§ 4001. Limitation on civil liability.

§ 4001. Limitation on civil liability. Except as otherwise provided by the Constitutions or laws of the United States or of the State of Delaware, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against the State or any public officer or employee, including the members of any board, commission, conservation district or agency of the State, whether elected or appointed, and whether now or previously serving as such, in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present:  (1) The act or omission complained of arose out of and in connection with the performance of an official duty requiring a determination of policy, the interpretation or enforcement of statutes, rules or regulations, the granting or withholding of publicly created or regulated entitlement or privilege or any other official duty involving the exercise of discretion on the part of the public officer, employee or member, or anyone over whom the public officer, employee or member shall have supervisory authority; (2) The act or omission complained of was done in good faith and in the belief that the public interest would best be served thereby; and (3) The act or omission complained of was done without gross or wanton negligence; provided that the immunity of judges, the Attorney General and Deputy Attorneys General, and members of the General Assembly shall, as to all civil claims or causes of action founded upon an act or omission arising out of the performance of an official duty, be absolute; provided further that in any civil action or proceeding against the State or a public officer, employee or member of the State, the plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this section. 61 Del. Laws, c. 431, §  1;  66 Del. Laws, c. 348, §  1;
10 DE Code § 4002. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter I. State Tort Claims|§ 4002. Indemnification of public officers and employees.

§ 4002. Indemnification of public officers and employees. In addition to the right of representation provided for in § 3925 of this title, any public officer, employee or member who, but for the application of any provision of the Constitutions or laws of the United States or the State of Delaware to the contrary, would be entitled to immunity in accordance with § 4001 of this title, shall be indemnified by the State against any expenses (including attorney's fees and disbursements), judgments, fines and costs, actually and reasonably incurred by such public officer, employee or member in defending against the action, suit or proceeding giving rise thereto. 61 Del. Laws, c. 431, §  1;
10 DE Code § 4003. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter I. State Tort Claims|§ 4003. Political subdivisions; limitations on liability.

§ 4003. Political subdivisions; limitations on liability. Any political subdivision of the State, including the various school districts, and their officers and employees shall be entitled to the same privileges and immunities as provided in this chapter for the State and its officers and employees; provided that the public officers and employees of any such political subdivision shall only be indemnified if the governing body of the subdivision shall expressly so provide, and then only to the extent that the subdivision shall appropriate all funds necessary therefor. 61 Del. Laws, c. 431, §  1;
10 DE Code § 4004. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter I. State Tort Claims|§ 4004. Procedure for establishing right to indemnification.

§ 4004. Procedure for establishing right to indemnification. The right to indemnification provided for in § 4002 of this title shall automatically obtain upon the final determination of any court or administrative tribunal of competent jurisdiction that no claim or cause of action existed, or, but for the application of the Constitutions or laws of either the United States or the State of Delaware, that no such claim or cause of action would have existed, or upon a verdict or ruling in favor of the public officer, employee or member. If a court or administrative tribunal shall determine that no right to indemnification exists because of the absence of 1 or more of the elements of immunity set forth in § 4001 of this title, said determination shall be final and binding at such time as any and all rights of appeal from the decision giving rise to such determination shall have been exhausted. If, for whatever reason, including a settlement agreed upon by the parties, the court or administrative tribunal having jurisdiction shall fail or refuse to make the determination required by this section, then the indemnification shall only be granted as to public officers, employees or members of the State upon the affirmative recommendation of the appropriate department head, or a majority of the members of the governing body of the board, commission or agency, whichever shall apply, and the concurrence of the Governor and the Attorney General or their designees. Any political subdivision of the State which shall hereafter provide indemnification as authorized by this chapter shall establish its own procedure for determining eligibility for its officers and employees in the absence of the determination of a court of competent jurisdiction. 61 Del. Laws, c. 431, §  1;
10 DE Code § 4005. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter I. State Tort Claims|§ 4005. Authorization to purchase liability insurance.

§ 4005. Authorization to purchase liability insurance. The State or any of its departments, agencies, boards, commissions or political subdivisions are hereby authorized to obtain from funds appropriated for such purpose a policy or policies of insurance sufficient to provide coverage for its public officers, employees or members which is coextensive with the standards for indemnification as provided for in this chapter. No public officer, employee or member shall be entitled to indemnification under this section for any act or omission, not otherwise protected herein, any applicable policy of insurance to the contrary notwithstanding. 61 Del. Laws, c. 431, §  1;
10 DE Code § 4010. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter II. County and Municipal Tort Claims|§ 4010. Definitions.

§ 4010. Definitions. As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings:  (1) “Employee” means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term “employee” shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity. (2) “Governmental entity” means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads.62 Del. Laws, c. 124, §  2;  69 Del. Laws, c. 328, §  2;
10 DE Code § 4011. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter II. County and Municipal Tort Claims|§ 4011. Immunity from suit.

§ 4011. Immunity from suit. (a) Except as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages. That a governmental entity has the power to sue or be sued, whether appearing in its charter or statutory enablement, shall not create or be interpreted as a waiver of the immunity granted in this subchapter. (b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from:  (1) The undertaking or failure to undertake any legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, regulation, resolution or resolve. (2) The undertaking or failure to undertake any judicial or quasi-judicial act, including, but not limited to, granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial. (3) The performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion be abused and whether or not the statute, charter, ordinance, order, resolution, regulation or resolve under which the discretionary function or duty is performed is valid or invalid. (4) The decision not to provide communications, heat, light, water, electricity or solid or liquid waste collection, disposal or treatment services. (5) The discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, except as provided in § 4012(3) of this title. (6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of such ways including but not limited to street signs, traffic lights and controls, parking meters and guardrails. Paragraphs (b)(1) to (6) of this section to which immunity applies are cited as examples and shall not be interpreted to limit the general immunity provided by this section. (c) An employee may be personally liable for acts or omissions causing property damage, bodily injury or death in instances in which the governmental entity is immune under this section, but only for those acts which were not within the scope of employment or which were performed with wanton negligence or wilful and malicious intent. 62 Del. Laws, c. 124, §  2;  70 Del. Laws, c. 186, §  1;
10 DE Code § 4012. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter II. County and Municipal Tort Claims|§ 4012. Exceptions to immunity.

§ 4012. Exceptions to immunity. A governmental entity shall be exposed to liability for its negligent acts or omissions causing property damage, bodily injury or death in the following instances:  (1) In its ownership, maintenance or use of any motor vehicle, special mobile equipment, trailer, aircraft or other machinery or equipment, whether mobile or stationary. (2) In the construction, operation or maintenance of any public building or the appurtenances thereto, except as to historic sites or buildings, structures, facilities or equipment designed for use primarily by the public in connection with public outdoor recreation. (3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water.62 Del. Laws, c. 124, §  2;
10 DE Code § 4013. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 40. Tort Claims Act|Subchapter II. County and Municipal Tort Claims|§ 4013. Limitation on damages.

§ 4013. Limitation on damages. (a) In any action for damages permitted by this subchapter, the claim for and award of damages, including costs, against both a political subdivision and its employees, shall not exceed $300,000 for any and all claims arising out of a single occurrence, except insofar as the political subdivision elects to purchase liability insurance in excess of $300,000 in which event the limit of recovery shall not exceed the amount of the insurance coverage. (b) Any governmental entity may settle claims filed against it pursuant to § 4012 of this title, in accordance with procedures duly promulgated by its governing body. (c) Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence. 62 Del. Laws, c. 124, §  2;  64 Del. Laws, c. 443, §  1;
10 DE Code § 4301. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter I. General Provisions|§ 4301. Liability of witnesses for failure to appear or testify.

§ 4301. Liability of witnesses for failure to appear or testify. If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action. Code 1852, §  2338;  Code 1915, §  4211;  Code 1935, §  4686;  10 Del. C. 1953, §  4301;  70 Del. Laws, c. 186, §  1;
10 DE Code § 4302. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter I. General Provisions|§ 4302. Competency to testify.

§ 4302. Competency to testify. No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand the obligation of an oath. Such child's age and degree of understanding of the obligation of an oath may be considered by the trier of fact in judging the child's credibility. 65 Del. Laws, c. 111, §  1;
10 DE Code § 4317. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter I. General Provisions|§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.

§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations. No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured person or on such person's behalf to others or to the estate or dependents of a deceased person, made under liability insurance as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer's recognition of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance or partial payment until such written notice is actually given. 10 Del. C. 1953, §  4318;  57 Del. Laws, c. 442;  70 Del. Laws, c. 186, §  1;
10 DE Code § 4318. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter I. General Provisions|§ 4318. Compassionate communications.

§ 4318. Compassionate communications. (a) For purposes of this section:  (1) “Health care provider” means any person licensed or certified by the State of Delaware to deliver health care services, including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of such person acting in the course and scope of employment or agency related to health care services. (2) “Unanticipated outcome” means the result of a medical treatment or procedure that differs from an expected medical result. (b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence, or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care, that is made to the person, the person's family, or a friend of the person or of the person's family, with the exception of the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider. 75 Del. Laws, c. 413, §  1;
10 DE Code § 4320. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter II. Reporters’ Privilege|§ 4320. Definitions.

§ 4320. Definitions. As used in this subchapter:  (1) “Adjudicative proceeding” means any judicial or quasi-judicial proceeding in which the rights of parties are determined but does not include any proceeding of a grand jury. (2) “Information” means any oral, written or pictorial material and includes, but is not limited to, documents, electronic impulses, expressions of opinion, films, photographs, sound records, and statistical data. (3) “Person” means individual, corporation, statutory trust, business trust, estate, trust, partnership or association, governmental body, or any other legal entity. (4) “Reporter” means any journalist, scholar, educator, polemicist, or other individual who either:  a. At the time he or she obtained the information that is sought was earning his or her principal livelihood by, or in each of the preceding 3 weeks or 4 of the preceding 8 weeks had spent at least 20 hours engaged in the practice of, obtaining or preparing information for dissemination with the aid of facilities for the mass reproduction of words, sounds, or images in a form available to the general public; or b. Obtained the information that is sought while serving in the capacity of an agent, assistant, employee, or supervisor of an individual who qualifies as a reporter under paragraph (4)a. of this section. (5) “Source” means a person from whom a reporter obtained information by means of written or spoken communication or the transfer of physical objects, but does not include a person from whom a reporter obtained information by means of personal observation unaccompanied by any other form of communication and does not include a person from whom another person who is not a reporter obtained information, even if the information was ultimately obtained by a reporter. (6) “Testify” means give testimony, provide tangible evidence, submit to a deposition, or answer interrogatories. (7) “Within the scope of his or her professional activities” means any situation, including a social gathering, in which the reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which the reporter intentionally conceals from the source the fact that he or she is a reporter and does not include any situation in which the reporter is an eyewitness to or participant in an act involving physical violence or property damage.10 Del. C. 1953, §  4320;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  51;
10 DE Code § 4321. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter II. Reporters’ Privilege|§ 4321. Privilege in nonadjudicative proceedings.

§ 4321. Privilege in nonadjudicative proceedings. A reporter is privileged in a nonadjudicative proceeding to decline to testify concerning either the source or content of information that he or she obtained within the scope of his or her professional activities. 10 Del. C. 1953, §  4321;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 4322. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter II. Reporters’ Privilege|§ 4322. Privilege in adjudicative proceedings.

§ 4322. Privilege in adjudicative proceedings. A reporter is privileged in an adjudicative proceeding to decline to testify concerning the source or content of information that he or she obtained within the scope of his or her professional activities if the reporter states under oath that the disclosure of the information would violate an express or implied understanding with the source under which the information was originally obtained or would substantially hinder the reporter in the maintenance of existing source relationships or the development of new source relationships. 10 Del. C. 1953, §  4322;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 4323. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 43. Evidence and Witnesses|Subchapter II. Reporters’ Privilege|§ 4323. Exceptions to the privilege in adjudicative proceedings.

§ 4323. Exceptions to the privilege in adjudicative proceedings. (a) Unless the disclosure of the content of the information would substantially increase the likelihood that the source of the information will be discovered, the privilege provided by § 4322 of this title shall not prevent a reporter from being required in an adjudicative proceeding to testify concerning the content, but not the source, of information that the reporter obtained within the scope of his or her professional activities if the judge determines that the public interest in having the reporter's testimony outweighs the public interest in keeping the information confidential. In making this determination, the judge shall take into account the importance of the issue on which the information is relevant, the efforts that have been made by the subpoenaing party to acquire evidence on the issue from alternative sources, the sufficiency of the evidence available from alternative sources, the circumstances under which the reporter obtained the information, and the likely effect that disclosure of the information will have on the future flow of information to the public. (b) The privilege provided by § 4322 of this title shall not prevent a reporter from being required in an adjudicative proceeding to testify concerning either the source or the content of information that the reporter obtained within the scope of his or her professional activities if the party seeking to have the reporter testify proves by a preponderance of the evidence that the sworn statement submitted by the reporter as required by § 4322 of this title is untruthful. 10 Del. C. 1953, §  4323;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;