Res Ipsa Liquitor

Question 1

res ipsa loquitor

Answer 1

jury inference of negligence

Question 2

elements of res ipsa

Answer 2

1) injury does not normally happen absent negligence
2) defendant was in exclusive control of instrumentality
3) then there is enough evidence for the jury to infer that plaintiff was negligent

Question 3

when to use res ipsa

Answer 3

can be used when breach element is difficult to prove

Question 4

Res ipsa MBE tips

Answer 4

sometimes youll be tested on exclusive control element
-most ocmmonly trested by hypo looking like regular negligence ?, but it will say –> one or more person make a motyion and they ask how the judge will rule (ex- directed verdict) answer will say jury can or cannot infer (do not pick duty, breach causatuion, damages or neg per se answers