Breach of duty Flashcards

1
Q

List (3)

Types of breach

A
  1. custom or usage
  2. NPS: violation of statute
  3. Res ipsa loquitur
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2
Q

What does Res Ipsa Loquitur stand for

A

the thing that speaks for itself

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3
Q

List (2)

What does P need to show for RIL

A
  1. Accident would not normally occur unless someone was negligent
  2. Negligence is probably attributable to D
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4
Q

P usually moves for what under RIL?

A

directed verdcit

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5
Q

What should be done with P’s motion for DV

A

always deny except where P has established NPS through statute violation AND no issues of proximate cause aka chain not broken

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