The maxim res ipsa loquitur allows a court to infer negligence when:
Correct answer: D. The accident ordinarily does not occur without negligence and the cause was under the defendant's control
- A. The defendant admits the breach in writing
- B. The defendant refuses to appear before the court
- C. The claimant suffers financial loss without physical injury
- D. The accident ordinarily does not occur without negligence and the cause was under the defendant's control
Explanation
Res ipsa loquitur means that the facts speak for themselves. It applies where the event ordinarily suggests negligence and the instrument causing it was under the defendant's control, although it does not automatically prove liability.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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