Negligence - Breach Flashcards
1
Q
What constitutes a breach?
A
An affirmative act or omission
2
Q
What is the question to ask yourself regarding breach on the exam?
A
Why does the conduct not meet the RPP standard?
3
Q
What is Res Ipsa Loquitor?
A
The thing speaks for itself
Used when P lacks information about D’s breach
4
Q
What do you have to show for Res Ipsa Loquitor?
A
Accident is normally associated with negligence
Normally due to the negligence of someone in D’s position
5
Q
If you can successful argue for Res Ipsa, what happens?
A
Case goes to jury for a decision
