BREACH

Question 1

Learned Hand Formula Definition

Answer 1

Liability exists when the burden of taking precautions is less than the probability of injury multiplied by resulting loss

Question 2

Negligence Per Se Definition

Answer 2

Negligence per se is the violation of a statute. Applies when a statute supplies the duty and violation of the statute establishes breach

Question 3

Negligence Per Se Elements

Answer 3

1. Defendant violated a statute prohibiting certain conduct;
2. The statute was intended to prevent the type of harm that occurred;
3. The person harmed was part of the class of persons the statute was designed to protect

Question 4

Negligence Per Se Excuse Rule

Answer 4

Statutory violation may be excused when compliance is impossible unforeseeable or not the defendant’s fault

Question 5

Industry Custom Rule

Answer 5

Industry custom is persuasive but does not control the standard of care

Question 6

Custom as Evidence

Answer 6

plaintiff to show breach through noncompliance or
defendant to show reasonableness through compliance

Question 7

Personal Custom Rule

Answer 7

The reasonable-person standard does not adjust to an individual’s self-created custom

Question 8

Res Ipsa Loquitur Definition

Answer 8

Res ipsa applies when the nature of the accident suggests it was probably due to negligence

Question 9

Res Ipsa Elements

Answer 9

1. The type of accident ordinarily does not occur without negligence;
2. Defendant had exclusive control over the instrumentality that caused the accident;
3. Plaintiff lacks direct evidence of the event relative to the information available to defendant

Question 10

Recklessness as breach elements

Answer 10

A person acts with recklessness when
1. they know of the risk of serious harm and
2. the burden of eliminating the risk is so slight that failing to do so shows conscious disregard of safety

Most courts require that the risk involve a high probability of substantial harm