Which principle applies when the cause of damage is unknown but damage results from the defendant's lack of care?

Prepare for the ACA Business Law Exam. Test your skills with our engaging questions, complete with hints and explanations. Master your subject and achieve exam success!

The principle that applies when the cause of damage is unknown, but the damage results from the defendant's lack of care, is known as Res Ipsa Loquitur. This Latin term translates to "the thing speaks for itself," and it is a legal doctrine used in tort law. It allows a presumption of negligence to arise when the circumstances of the accident or damage strongly suggest that it was caused by the defendant's actions, even if the specific cause and mechanism of the damage are not fully established.

In instances where Res Ipsa Loquitur is invoked, the plaintiff typically must demonstrate three elements: the event causing the injury is of a kind that does not occur in the absence of negligence; the defendant had exclusive control over the instrumentality causing the injury; and the injury must not have been due to any voluntary action or contribution on the part of the plaintiff. This doctrine facilitates holding defendants accountable when they fail to act with the appropriate level of care, thereby causing harm, even when the precise details of the negligent act remain unclear.

Other possible answers like Hyperperception, Contributory Negligence, and Imputed Negligence do not align with the concept of addressing unknown causes of damage. Hyperperception is not a recognized principle

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy