Breach

Question 1

Breach

Answer 1

Breach occurs when the defendant’s conduct falls short of that level required by the applicable standard of care owed the plaintiff.

Question 2

Custom

Answer 2

Breach can be established by evidence of custom or usage, to show how a reasonable person should have behaved.

Question 3

Statutory

Answer 3

Breach can be established by evidence of violation of a statute when the plaintiff is within the class protected by that statute and the statute was designed to prevent the kind of harm suffered.

Question 4

Res Ipsa

Answer 4

Breach can be established by proof that the accident causing the injury is a type that would not normally occur unless someone is negligent and the negligence was probably attributable to the defendant (because the instrumentality was in defendant’s exclusive control).
-no directed verdict for D allowed