Res Ipsa

  • Created by: lulu_kate
  • Created on: 24-03-19 18:31
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  • Res Ipsa Loquitur
    • Latin for 'the thing speaks for itself'
      • Is used when we cannot understand how the C has received injuries without negligence on the D part
    • Effect of Res Ipsa
      • To create a prima facie presumption of negligence against the D
        • Prima Facie= At first sight
      • The D must then explain how the accident could have happened without negligence
      • Res Ipsa changes the evidential burden of proof
    • Res Ipsa doesn't change the burden of proof. C has to prove Res Ipsa element
      • Res Ipsa changes the evidential burden of proof
    • C can use Res Ipsa if
      • The cause of the accident is unknown
        • Barkway v South Wales Transport Co Ltd (1950)- Man killed by exploding tyre
      • The thing that caused damage was under the control of the D
        • Easson v London & North Eastern Railway Co (1944)- Child fell through train door
      • The accident is such that would not normally happen without negligence
        • Cassidy v Ministry of Heath (1951)- Stiff fingers
    • Established in the case: Scott v St Katherine Docks (1865)
    • Civil Evidence Act 1968 s.11
      • Allows the burden of proof to be reversed in certain circumstances
      • The criminal conviction is evidence of the D's liability unless they can prove otherwise


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