Negligence: Breach

Question 1

Breach: Definition

Answer 1

Violation of the standard of care

Question 2

Breach: Traditional Approach

Answer 2

Focuses on a common-sense approach of

what the reasonably prudent person would do under the circumstances

Question 3

Custom

Answer 3

Evidence of custom is generally admissible but not conclusive in establishing proper of standard of care

Question 4

Custom: Professional

Answer 4

Admissible and dispositive

Question 5

Custom: Physicians

Answer 5

National standard

Question 6

Negligence Per Se: Definition

Answer 6

When a law establishes a particular standard of care, violation of the law constitutes a breach

Question 7

Negligence Per Se: Elements

Answer 7

(1) STATUTE imposes specific duty for protection of others;
(2) D VIOLATES statute;
(3) P in CLASS of people intended to be protected by the statute;
(4) HARM was type statute intended to protect against

Question 8

Negligence Per Se: Defenses

Answer 8

(1) Compliance impossible
(2) Violation reasonable under circumstances
(3) Statutory vagueness

Question 9

Res Ipsa Loquitur

Answer 9

Uses circumstantial evidence to establish inference of negligence to avoid dismissal or directed verdict in favor of D

Question 10

Res Ipsa Loquitur: Elements

Answer 10

(1) Accident was of a kind that ordinarily does not occur in the absence of negligence ;
(2) P not responsible for injury; and
(3) P’s injury caused by agent/instrumentality under D’s exclusive control