Breach for cont t9nu u g 0i pi pi piiiiip. I PDF

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Breach for cont t9nu u g 0i pi pi piiiiip. I Qiwoiwcowncow...

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Friday,'September'17,'2021

2:30'PM

Breach Basic Rule 1. A(failure(to(conduct(oneself(as(would(a(person(of(“ordinary(prudence”. - A.k.a. failing to take “ordinary” or “reasonable” care. - “Ordinary” and “reasonable” connote a moderate amount of care—care that is ne extravagant. 2. Highly(Fact-Dependent - Typically for the Jury 3. Breach(connects(duty(to(the(injury. - Breach is the question of whether the defendant acted with the degree of care tha to exercise. Professional care standard: - Jury must determine if D used the care/skill “ordinarily used by a reasonable well-qualif under the circumstances.” - This would make jurors rely on experts and NOT on personal knowledge. Ordinary care standard: - Jury must determine if D used “ordinary care,” the care that a “reasonably careful person the circumstances. - Breach is for jurors to decide.

Ordinary(Person(Exceptions i.#The#standard#is#not#adjusted#downward#for#attributes#that#lessen#a#particular#de to#be#careful,#nor#is#it#adjusted#upward#to#reflect#a#given#defendant’s#heightened#c careful. 1. 2. 3. 4. 5.

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Courts#will#adjust#the#standard#for#physical#disabilities Courts#rarely#adjust#the#standard#for#mental#disabilities A#child#is#generally#judged#as#compared#to#an#average#child#of#the#same#age/exper (unless#engaged#in#an#adult#activity) There#is#no#duty#for#kids#under#7#years#old Courts#sometimes#adjust#for#special#competence#of#certain#professionals#(ex:#profe have#been#able#to#make#that#turn#and#avoid#the#accident)

Ordinary Care Martin'v.'Evans'(Pennsylvania,'1998) FACTS - Evans is a truck driver who pulled into the last spot at a rest stop and used the bathroom, ret nothing behind his truck and enters the truck. P pulls in behind P’s truck, stands between his vehicle a completes his log for about two minutes, releases his brakes (which makes a noticeable hiss sound ), u mirrors, backs up slowly and hits P. ELEMENTS? Injury: yes, Martin suffered injuries to the arms and legs Duty: yes, general duty of care Breach: unclear – jury question to ascertain the facts HOLDING The court held that D did not breach his duty because he used ordinary care in backing out of the park slowly backing out, etc.A jury decision on a negligence claim may not be overturned simply because t...