Negligence- Breach of Duty

Question 1

What is the traditional Approach? (Majority)

Answer 1

Comparing the defendant’s conduct with what a reasonably prudent person under the circumstances would or would not have done (objective).

Question 2

What is the Cost-Benefit Analysis (modern trend)

Answer 2

1. The foreseeable likelihood that the defendant’s conduct would cause harm;
2. The foreseeable severity of any resulting harm; and
3. The defendant’s burden (costs or other disadvantages) in avoiding the harm,

Question 3

What is Res Ipsa Loquitur?

Answer 3

In some cases, circumstantial evidence of negligence is sufficient evidence of negligence.

Question 4

What are the traditional elements of Res Ipsa Loquitur?

Answer 4

1. The accident was of a kind that ordinarily does not occur in the absence of negligence;
2. It was caused by an agent or instrumentality within the exclusive control of the defendant; and
3. It was not due to any action on the part of the plaintiff.