MBE® Flashcard

WHEN DOES THE DEFENDANT BREACH HER DUTY OWED TO THE PLAINTIFF?

 

 

The defendant breaches her duty of care when her conduct fails to meet the standard of care owed to the plaintiff.

Generally, the standard of care owed to the plaintiff will be that of the reasonable, prudent person under the same or similar circumstances. The defendant’s failure to act as a reasonable, prudent person is a breach of duty.

Standard of care will be different when dealing with children, professionals, and negligence per se/statutory negligence.

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