Get Started. It's Free
or sign up with your email address
Breach by Mind Map: Breach

1. Defined

1.1. A defendant breaches a duty to care by conduct that falls short of the standard of care

1.1.1. Defendant is unreasonably risky

2. Determined by the jury

3. Uses a balancing test of B<PL Burden is greater than the plaintiff's probability of harm and the severity of the injury

4. Custom

4.1. Conforming is evidence of unreasonable ness but is not conclusive.

5. Cirumstantial evidence

5.1. Allows for reasonable inferences.

5.1.1. Slip and falls

5.2. ResIpsa Loquitor

6. Negligence per se