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Question

  The following statements provide:

 

I. The incident was of a type that does not generally happen without negligence

 

II. It was caused by an instrumentality solely in defendant’s control

 

III. The plaintiff did not contribute to the cause

A Exceptions to principle of negligence. Correct Answer Incorrect Answer
B Conditions essential for Res Ipsa Loquitor principle. Correct Answer Incorrect Answer
C Exceptions to principle of nuisance. Correct Answer Incorrect Answer
D I & II are Exceptions to principle of Res Ipsa Loquitor principle and III is an essential. Correct Answer Incorrect Answer
E I & III are Limitations for Res Ipsa Loquitor principle, II is an essential. Correct Answer Incorrect Answer

Solution

All of the above 3 statements are conditions essential to prove Res Ipsa Loquitor Principle. The maxim res ipsa loquitur applies when the only inference from the facts is that the accident could not have occurred but for the defendant’s negligence.

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