Negligence: Duty & Breach

Question 1

What is the standard for negligence?

Answer 1

Objective

Question 2

what is negligence

Answer 2

1. Duty of care
2. breach of duty
3. causation
4. damages

Question 3

foreseeable plaintiffs

Answer 3

those within the zone of danger

Question 4

zone of danger

Answer 4

the area around D’s activities in which a P could foreseeably be injured

Question 5

negligence per se

Answer 5

1. P must prove that he suffered the type of harm the statute meant to prevent
2. P is in **the class of victims **statute was meant to protect; and
3. Statute applies a** standard of conduct**

Question 6

breach of duty

Answer 6

D breaches his duty when his conduct falls short of the standard of reasonable care owed under the circumstance

Question 7

res ispa loquitur

Answer 7

1. **Inference of negligence: the harm would not normally occur absent negligence
   2. Attributable to D: **this type of harm normally results from negligence by one in D’s position
2. Injusty was not attributable to P

Actual possession NOT required

the very occurrence of the accident causing P’s injuries suggests negligent conduct

Question 8

actual cause

Answer 8

1. But-for test
2. Substantial factor test

Question 9

When can D be excused from negligence per se

Answer 9

1. compliance is MORE dangerous than violation
2. compliance is beyond D’s control

Question 10

if P can’t prove negligence per se, is the case over?

Answer 10

No, go for the standard duty of care