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Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?

1) Control
2) Breach of Duty
3) Injury
4) Negligence

1 Answer

6 votes

Final answer:

The doctrine of res ipsa loquitur applies when control, breach of duty, injury, and negligence are present. However, in this scenario, the student is asking which element is not necessary, and the answer is injury.

Step-by-step explanation:

The doctrine of res ipsa loquitur is a legal principle that allows a plaintiff to establish a prima facie case of negligence without direct evidence of the defendant's wrongdoing.

It applies when the following elements are present: control, breach of duty, injury, and negligence.

However, in the given scenario, the question asks which element is not necessary to apply the doctrine. The correct answer is injury.

This is because injury is already an essential element that needs to be present for the doctrine to apply.

Hence, control, breach of duty, and negligence are all necessary elements to apply the doctrine of res ipsa loquitur.

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