negligence: breach

Question 1

Breach of duty

Answer 1

A violation of the standard of care

Question 2

Cost benefit analysis

Answer 2

B < PL (Burden v. probability of harm x severity of loss)

Question 3

Custom

Answer 3

Evidence of a custom practice is admissible but not dispositiveP

Question 4

Professionals

Answer 4

Lawyers, doctors, accountants, etc
- custom is admissible and dispositive

deviation from custom = breach

Question 5

Physicians

Answer 5

there is a national standard; doctors must explain the risks of procedures

Question 6

Doctors are not required to inform the patient if:

Answer 6

• the risks are commonly known
• pt is unconscious
• pt waives/refuses info
• pt is incompetent or
• pt would be harmed by disclosure

Question 7

Negligence per se

Answer 7

1. A criminal law or regulatory statute imposes a duty for the protection or benefit of others
2. Defendant violated the statute
3. Plaintiff must be in the class of people intended to be protected by the statute
4. The accident must be the type of harm that the statute was intended to protect and
5. the harm was caused by a violation of the statute

Question 8

Defense for negligence per se

Answer 8

Excuse: D may show that complying w/ the statute would be even more dangerous than violating it