Which of the following must be shown to establish breach of duty?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

To establish a breach of duty in a negligence claim, it is essential to demonstrate that the defendant's conduct was unreasonable under the circumstances. This standard means evaluating whether the actions taken by the defendant fell below the level of care that a reasonably prudent person would have exercised in a similar situation. The focus is on the reasonableness of the defendant's behavior when judged against the specific context of the incident, including any relevant factors such as the risks inherent in the situation and the potential harm that could result from the conduct.

The other options do not address the fundamental criteria required to prove that a defendant has breached their duty of care. For example, financial loss alone does not automatically indicate a breach; without linking the loss to unreasonable conduct, it lacks relevance to the breach. Additionally, while witness testimony can be important, it is not the only type of evidence that can establish a breach; other forms of evidence can also be used. Lastly, proof that a defendant is a repeat offender is not a requirement for establishing a breach in a specific instance; each case is assessed based on the conduct relevant to that particular situation.

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