Negligence--Breach

Question 1

What is the rule for breach?

Answer 1

• Breach: Duty is breached where Δ’s conduct falls below level required by the applicable standard of care owed to Π . On essay, a) state what happened, then b) show how it was unreasonable.

Question 2

Breach

What is the Learned Hand formula?

Answer 2

Breach

What is the Learned Hand formula?

If PL (probability of harm) exceeds B (burden), then the defendant should be liable.

Question 3

What is breach under Negligence Per Se?

Answer 3

What is breach under Negligence Per Se?

1. Breach is violation of applicable statute (see above).
2. Note: Π must still establish causation and damage.

Question 4

Breach

What is the rule for Res Ipsa Loquitur?

Answer 4

Breach

What is the rule for Res Ipsa Loquitur?

Res Ipsa creates an inference of negligence (p/f case for jury, deny directed verdict for Δ) where:

1) injury would not occur w/o negligence,
2) Δ had sole control of the instrumentality causing injury, and
3) Π did not contribute to the injury.

Δ may rebut with evidence