Negligence >Breach Flashcards
1
Q
Negligence >Breach:
A
Standard of Care, Breach of Duty
2
Q
Negligence >Breach >Standard of Care:
A
Lay Persons, Professionales, Informed Consent, In loco parentis, Children
3
Q
Negligence >Breach >Breach of Duty:
A
Res Ipsa Loquitur (maybe), “But-for” Test, NESS test, Substantial factor test, Joint and several liability
4
Q
Res Ipsa Loquitur
A
1) the event ordinarily does not occur in the absence of negligence,
2) the event is caused by an agency or instrumentality within the exclusive control of defendant, and
3) the event is not caused by any voluntary action or contribution by plaintiff.
