Negligence: Breach of Duty

Question 1

Breach of Duty

Answer 1

Defendant’s failure to act as a reasonable person would under the circumstances.

Question 2

Res Ipsa Locquitur

Answer 2

Act which occurred normally does not occur without negligence, and normally that negligence is cause by someone in defendant’s position.

Can be shown by evidence that instrumentality causing the injury was in the exclusive control of defendant.