Flashcards in Breach Deck (10)
The breach element is time when the plaintiff must identify with SPECIFICITY . . . . (2)
What D did wrong
And why a reasonable person would have done it differently.
Res ipsa locutur is used by whom?
Plaintiff who lacks information
To invoke res ipsa locutur, P must show . . .
P must show that the accident that occurred is the type normally associated with negligence
Accident of this type would normally be due to the negligence of someone in D's position
Under the second prong of res ipsa locutor--that the accident of this type would normally be due to the negligence of someone in D's position--is usually shown how?
By proving D was in control
Res ipsa locutor acts as a substitute for what?
Direct evidence of breach
Is res ipsa locutor conclusive?
Where RIL is established, P has made a prima facie case and no ___ ___ can be given for D/
Questions testing of RIL often have the D making a motion for directed verdict. When is it denied? When is it granted?
Denied if P has established RIL or presented some other evidence of breach
Granted if plaintiff has failed to establish RIL and failed to present some other breach of duty.
A plaintiff's motion for directed verdict should always be denied UNLESS . . .
The plaintiff has established negligence per se through violation of an applicable statute AND there are no issues of proximate cause.