Negligence: Breach of duty (Ch. 5)

Question 1

automobile-guest statutes

Answer 1

Laws holding a driver of a vheicle liable to a guest in his car only under circumstances of extreme misconduct

Question 2

breach of duty

Answer 2

Failure to conform to the required standard of care

Question 3

objective standard

Answer 3

Comparison of a defendant’s conduct to that of a reasonable person

Question 4

subjective standard

Answer 4

Use of the defendant’s own subjective perceptions to determine whether the defendant behaved reasonably

Question 5

What factors are used in determining Reasonableness?

Answer 5

Profession, Custom, Emergency, Violation of Statute, Mental and Emotional Characteristics, Age, Physical Characteristics

Question 6

Negligence per se

Answer 6

“negligent in itself”

Question 7

What is the Learned Hand Formula?

Answer 7

P x L > B
Probability of harm
LIkelihood of serious harm
Burden on defendant to change behavior

Question 8

What are the elements of Res Ipsa Loquitur?

Answer 8

• Exclusive control
• Injury does not usually occur w/o negligence
• No negligence on the part of the Plaintiff