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the four elements central to any negligence case our duty breach causation and damage there however two special negligence law doctrines that assist in proving the first two elements these are recipe Eloqua tour which allows negligent behavior which constitutes the duty and breach elements to be proven based on the surrounding circumstances and negligence per se which allows breach to be inferred from the violation of an existing law res ipsa loquitur Latin for the thing speaks for itself is a legal theory wherein the facts and circumstances surrounding an injury allow the court to presume that negligence has occurred in an ordinary negligence case the plaintiff must prove that the defendant owed the plaintiff a duty and that his conduct failed to measure up to that duty however under res ipsa loquitur the defendants negligence may be presumed and thus does not need to be proven the elements of rests epsilon or r1 the defendant was in exclusive control of the situation or instrument th

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