Topic: Proof of Negligence

During a bar fight, the Defendant smashes the Victim in the face. Between the testimony of the bartender, evidence indicating that the Victim had to be hit in the face by someone else, and the bits of glass found on the Victim's clothing, the Defendant is convicted of assault and battery. The victim now civilly sues for damages.

Questions: Explain how the following may apply and provide supporting rationale:

• Fact versus opinion
• Standard of proof
• Unavoidable acts
• Breach of care
• Degree of negligence
• The doctrine ofres ipsa loquitur
• Joint tortfeasors' liability