Final answer:
The principle of Res Ipsa Loquitur allows for the presumption of negligence when an accident occurs under circumstances that typically would not happen without negligence, and when the accused had exclusive control over the cause. An example is an auto manufacturer selling cars with known defective brakes leading to accidents.
Step-by-step explanation:
Principle of Res Ipsa Loquitur
The principle of Res Ipsa Loquitur literally translates to "the thing speaks for itself". It is a doctrine used in tort law that allows a presumption of negligence to be inferred by an accuser from the very nature of the accident, even without direct evidence of the defendant's negligence. To apply this principle, the plaintiff must demonstrate that the incident would not usually occur without negligence, the cause of the incident was in the sole control of the defendant, and the plaintiff did not contribute to the cause.
Example of Res Ipsa Loquitur in a Negligence Action
An example where this principle might apply is a situation involving an automobile manufacturer. If the manufacturer is aware that one model of vehicle has a defective brake system likely to cause failure and still decides to sell it, subsequent brake failure-related accidents might invoke Res Ipsa Loquitur. The accidents that occur due to known brake defects could be presumed to be the result of negligence on part of the manufacturer, because such accidents are not expected to happen without negligent action.