When Would a Defendant Use the Doctrine of Res Ipsa

question 84

Multiple Choice

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

• A)To allow the judge and jury to presume the plaintiff destroyed evidence.
• 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 to hold the defendant liable under a strict liability theory.
• E)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.

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Definitions:

Oligopolistic Industry

An industry structure marked by a small number of firms that dominate the market, often resulting in strategic interactions among these firms.

Strategic Behavior

Actions taken by firms or individuals that consider the anticipated reactions or responses of other firms or individuals.

Collusive Oligopoly

A market situation where a small number of firms agree, explicitly or implicitly, to control prices, market share, or other competitive dimensions, reducing or eliminating competition.

Contestable Market Model

An economic concept that describes a market with free entry and exit, where a company's prices and output levels are constrained by the threat of potential competition.