Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur" doctrine, and we will walk through several hypotheticals involving breach of the standard of care.
In this episode, we discuss:
- An overview of negligence claims
- The reasonable person standard
- The "res ipsa loquitur" doctrine
- Hypothetical scenarios involving breach of the standard of care
Resources:
- "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn)
- California Bar Examination – Essay Questions and Selected Answers, July 2021 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/July-2021-CBX-Essay-Qs-and-Selected-Answers.pdf)
- Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/)
- Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/podcast-episode-97-listen-and-learn-the-reasonable-person-standard/)
- Podcast Episode 147: Listen and Learn – Negligence: Duties of Professionals and Children (https://barexamtoolbox.com/podcast-episode-147-listen-and-learn-negligence-duties-of-professionals-and-children/)
- Podcast Episode 149: Listen and Learn – Negligence: Duties of Landlords, Owners, and Possessors of Land (https://barexamtoolbox.com/podcast-episode-149-listen-and-learn-negligence-duties-of-landlords-owners-and-possessors-of-land/)
Download the Transcript
(https://barexamtoolbox.com/episode-315-listen-and-learn-the-breach-element-of-a-negligence-claim-torts/)
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Thanks for listening!
Alison & Lee