Requirements: P must meet four main requirements to use the doctrine: (1) There must be no direct

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Requirements: P must meet four main requirements to use the doctrine: (1) There must be no direct evidence as to D’s precise conduct; (2) P must show that the harm is of a type that does not normally occur except through the negligence of someone; (3) P must show that the instrumentality which caused the harm was at all times within D’s exclusive control; and (4) P must show that the injury was not due to P’s own negligence.

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Emanuel Law Outlines For Torts

ISBN: 201887

13th Edition

Authors: Steven L. Emanuel

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