Breach of Duty in Negligence

Question 1

Breach

Answer 1

Conrete, specific behavior by D that falls short of relevant standard of care.

Act or omission.

Question 2

Three theories of breach

Answer 2

1) Custom or usage
2) Violation of Statute
3) Res Ispa Loquitur

Question 3

Res Ispa Loquitur

Answer 3

Used by P WITHOUT information about D’s breach. Tries to prove negligence by very occurence of event.

P must show:
1) the accident is normally associated with negligence AND

2) accident would normally be due to negligence of someone in D’s position
—“you probably sued the right person”
—usually, D had exclusive control of injury causing object at time of accident

Question 4

Effect of Res Ispa Loquitur

Answer 4

DOES NOT FINISH THE CASE. Just establishes a PF case for P. No directed verdict for D.