Breach

Question 1

Breach

Answer 1

A breach is the failure to perform one’s duty.

Question 2

Res Ipsa Loquitur

Answer 2

Res Ipsa Loquitur is a rule of evidence which aids the plaintiff in
proving the element of breach of duty when the plaintiff is unable to establish by other
evidence that the defendant acted unreasonably. The doctrine proceeds upon the
theory that the occurrence itself speaks of negligence and it is unnecessary for the
plaintiff to show the exact circumstances whereby the defendant breached his or her
duty of care. The plaintiff must prove:
1) the defendant was in complete control of the instrument that caused the harm;
2) the plaintiff is not guilty of contributory negligence;
3) the defendant is in a better position to explain what happened; and
4) injuries of this type do not normally occur absent such negligence.
The literal interpretation is “the thing speaks for itself.”