Negligence-Breach Flashcards
1
Q
What constitutes a breach?
A
Negligent conduct. Must ask: has D met his standard of care?
2
Q
What is res ipsa loquitur? What circumstance is it generally used?
A
But for SOME negligent conduct, harm wouldn’t occur. Used when there is one D who was in control of the situation.
3
Q
What is the legal significance of established res ipsa loquitur?
A
It means it will survive a directed verdict, and issue can go to the jury decide. Does NOT mean P automatically wins.
