Negligence 5

Question 1

Breach hand formula

Answer 1

Balance the burden of avoiding a harm < (probability of harm) * (magnitude of potential loss)

Question 2

Breach - negligence per se

Answer 2

violation of applicable statute; P must still establish causation and damage

Question 3

What does res ipsa loquitur do?

Answer 3

creates an inference of negligence (p/f case for jury, deny directed verdict for D) where certain 3 specific conditions are met

Question 4

Res ipsa loquitur conditions

Answer 4

1. type of accident is typically the result of negligence
2. accident is attributable to D (D had sole control of the instrumentality causing the injury), AND
3. P did not contribute to the injury

Question 5

Under what condition may D rebut res ipsa loquitur

Answer 5

With evidence (when they have evidence)

Question 6

Kinds of causation that must be proved for breach (2)

Answer 6

1. actual cause in fact, AND
2. proximate cause

Question 7

Methods of demonstrating actual cause in fact (3)

Answer 7

1. but-for causation
2. substantial factor (multiple causes)
3. alternative causes (multiple acts)

Question 8

But-for causation

Answer 8

P must show more likely than not, but for D’s negligence, P would not have been injured

Question 9

Substantial factor (multiple causes) overarching rule

Answer 9

Each D’s conduct alone would have been sufficient to bring about P’s indivisible injury

Question 10

What should be assumed under the substantial factor test?

Answer 10

Joint and several liability