Argument for and against Breach

Question 1

Duty of care rule

Answer 1

Every person has a duty to use reasonable care to avoid injury

Question 2

Learned Hand Formula for breach:

Answer 2

Burden of adequate precautions < probability of injury x how serious are these injuries

Question 3

Learned Hand Rule

Answer 3

It is unreasonable to not take a precaution when the probability of severe harm outweighs the cost of the burden

Question 4

Economic approach to tort law

Answer 4

Only if the defendant is the cheapest cost avoider

Question 5

Transactional cost

Answer 5

The costs that entities incur by satisfying a burden in liability

Question 6

Informational cost

Answer 6

The costs that entities incur based on its knowledge of satisfying a burden in liability.

Question 7

We have a right to expect others to act with duty and care.

Answer 7

True

Question 8

Evidence of custom can be relevant in determining breach but is not conclusive. True or False?

Answer 8

True