Breach of Duty

Question 1

General Rule

Answer 1

πmust point to SPECIFIC CONDUCT

Question 2

Proving Specific Conduct

Answer 2

(1) Evidence of Custom: Always admissible, never conclusive

(2) Res Ipsa Loquitur: Used by desperate πs who don’t know what happened. π must prove 2 substitute facts:
- Event is one that does NOT normally occur in absence of negligence
- Any negligence would be attributable to the ∆

CONSEQUENCE = πgets to the jury (NOT AUTO win)