When Would a Defendant Use the Doctrine of Res Ipsa

question 47

Multiple Choice

When would a defendant use the doctrine of res ipsa loquitur?

• A) To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
• B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
• C) To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
• D) To allow the judge and jury to presume the plaintiff destroyed evidence.
• E) To allow the judge to hold the defendant liable under a strict liability theory.

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Definitions:

Monopolistically Competitive

An economic model where numerous companies offer products that are alike but not exactly the same, granting them a certain level of influence over the market.

Profit-Maximizing Quantity

The level of output at which a company achieves the highest possible profit, where marginal cost equals marginal revenue.

Monopolistically Competitive

Describes a market structure where many firms sell products that are similar but not identical, allowing for significant differentiation and some degree of market power.

Total Revenue

The total amount of money received by a firm from sales of its products or services.