Breach of Duties Owed

Question 1

Breach is the point in the case where

Answer 1

the plaintiff identifies the specific wrongful conduct by the defendant, either an affirmative act or an omission, that violates the duty owed by defendant to the plaintiff.

Question 2

Res Ipsa Loquitor is the doctrine that states

Answer 2

the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved.

Question 3

The elements of Res Ipsa Loquitor, Plaintiff must show (2):

Answer 3

1) The accident is a type normally associated with negligence;
2) The accident of this type is normally due to an accident by someone in the defendant’s position.

Question 4

What is the effect if Res Ipsa Loquitor is successfully shown?

Answer 4

Simply that the case is then presented to the jury, NOT that the plaintiff automatically wins.