Breach of Duty Bar Prep

Question 1

Theories to prove breach:

Answer 1

(1) Custom of usage

(2) Violation of Statute (Negligence per se)

(3) Res Ipsa Loquitur (the thing speaks for itself)

Question 2

Negligence per se

Answer 2

Where the duty of care is set by statute under the rules that govern using statutes in negligence litigation, proof of violation of the statute is conclusive evidence of breach of duty

Question 3

Res Ipsa Loquitur (plaintiff must show that:)

Answer 3

(1) the injury caused is the type that is normally associated with negligence

(2) Negligence is probably attributable to the defendant

Res ipsa loquitur can often be shown by evidence that the instrumentality causing the injury was in the exclusive control of the defendant