Breach of duty Flashcards
1
Q
List (3)
Types of breach
A
- custom or usage
- NPS: violation of statute
- Res ipsa loquitur
2
Q
What does Res Ipsa Loquitur stand for
A
the thing that speaks for itself
3
Q
List (2)
What does P need to show for RIL
A
- Accident would not normally occur unless someone was negligent
- Negligence is probably attributable to D
4
Q
P usually moves for what under RIL?
A
directed verdcit
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