The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

555: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)

May 11, 2026·20 min
Episode Description from the Publisher

Welcome back to the Law School 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://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#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 244: Listen and Learn – Negligence Per Se (https://lawschooltoolbox.com/podcast-episode-244-listen-and-learn-negligence-per-se/) Podcast Episode 257: Listen and Learn – The Reasonable Person Standard (https://lawschooltoolbox.com/podcast-episode-257-listen-and-learn-the-reasonable-person-standard/) Podcast Episode 318: Listen and Learn – Negligence: Duties of Professionals and Children (https://lawschooltoolbox.com/podcast-episode-318-listen-and-learn-negligence-duties-of-professionals-and-children/) Podcast Episode 319: Listen and Learn – Negligence: Duties of Landlords, Owners, and Possessors of Land (https://lawschooltoolbox.com/podcast-episode-319-listen-and-learn-negligence-duties-of-landlords-owners-and-possessors-of-land/) Download the Transcript  (https://lawschooltoolbox.com/episode-555-listen-and-learn-the-breach-element-of-a-negligence-claim-torts/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee

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