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

Page: https://stenobird.com/podcast/the-law-school-toolbox-podcast-tools-for-law-students-from-1l-to-the-bar-exam-and-beyond-440440/555-listen-and-learn-the-breach-element-of-a-negligence-claim-torts
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Podcast: [The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond](https://stenobird.com/podcast/the-law-school-toolbox-podcast-tools-for-law-students-from-1l-to-the-bar-exam-and-beyond-440440)
Published: 2026-05-11T09:00:18+00:00
Episode link: https://lawschooltoolbox.libsyn.com/555-listen-and-learn-the-breach-element-of-a-negligence-claim-torts
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Duration seconds: 1245

## Resource

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…

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