Negligent Torts - BREACH

Question 1

What is res ipsa loquitur?

Answer 1

The fact that the event occurred triggers a presumption of negligence (e.g., A well-secured barrel wouldn’t just wall out of a window)

[Used by plaintiffs who lack information about what D did wrong]

Question 2

What are the two elements of res ipsa loquitur?

Answer 2

Plaintiff must show that:

1. The accident in question is normally associated with negligence, AND
2. The negligence would normally be due to someone in the D’s position (e.g., because of control)

Question 3

What does a plaintiff need to show for a breach?

Answer 3

1. What the defendant did
2. Why that conduct falls short of the standard of care (can either be an act or omission)

Question 4

What happens when you adequately prove the elements of Res Ipsa Loquitor?

Answer 4

The plaintiff withstands a motion for a directed verdict.

Question 5

What are the five elements of negligent torts?

Answer 5

1. D owed a DUTY to conform to a specific standard of conduct (to protect P from unreasonable risk of injury),
2. D BREACHED its duty,
3. Breach was the ACTUAL CAUSE of P’s injury,
4. Breach was the PROXIMATE CAUSE of P’s injury, AND
5. P suffered DAMAGE

Question 6

What are the two ways someone can breach a duty?

Answer 6

1. Affirmative action, negligently (ACT)
2. Failure to take reasonable action (OMISSION)

Question 7

What must you do to show breach?

Answer 7

1. Identify the negligent behavior (the breach)
2. Explain why the conduct is unreasonable
   (e. g., (1) D drank six beers before driving his car. (2) This was unreasonable because driving while intoxicated is a threat to the safety of others.)