Negligence: Breach of Duty

Question 1

Breach of Duty Elements

Answer 1

1. P must identify specific wrongful conduct of the D
2. P must also give a reason, argument or theory about why that conduct falls below the standard of care.
   “P will argue that this was unreasonable because [GIVE REASON] i.e. custom, expense to take precaution was low, etc.

Question 2

Res Ipsa Loquitur

Answer 2

used by P who lacks evidence of D’s wrongful conduct

Question 3

Res Ipsa Loquitur Elements

Answer 3

Either show:

1. accident of this type is normally associated w/ negligence.
2. accident of this type is normally due to someone in the D’s position.