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BREACH - Coggle Diagram
BREACH
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Learned Hand
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B < (P • L)
Liability depends on whether the Burden (B) to prevent the harm is LESS THAN the gravity of the injury (L) multipiied by (P) the probability of the damage/injury happening.
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Res Ipsa Loquitur
Because the harm occurred, it could only be because of someone'e negligence
Satisfaction of Res Ipsa Loquitur dependent upon 3 requirements by Eaton v. Eaton
(1) The accident which produced the person's injury was on which ordinarily does not happen UNLESS someone was negligent
(2) the instrumentality or agent which cased the accident was under exclusive control of the defendant, AND
(3) the circumstances indicated that untoward event was not cased or contributed to by any act or neglect on the part of the injured person
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Negligence Per Se
Determining Statutory Relevance (1) Was the plaintiff a member of the class of persons the legislature sought to protect?
(2) Was the harm suffered by the plaintiff the type of harm the legislature sought to protect against?
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