Negligence-Breach

Question 1

What are elements of breach?

Answer 1

1) P must identify specific wrongful conduct of D (act or omission)
2) P must also give reason or argument or theory as to why that conduct falls below duty/standard of care (“P will argue this was unreasonable because…”

Question 2

What are some theories P may use?

Answer 2

• custom or usage
• violation of statute
• res ipsa

Question 3

What are elements of res ipsa loquitur?

Answer 3

P must show

1) accident causing injury is a type that would not normally occur unless someone was negligent (basically a test of probabilities)
2) negligence is attributable to D (can show this by showing that D had control of object related to negligence)

Deny directed verdict if P has established res ipsa
Grant directed verdict if P has failed to establish res ipsa