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
- To create a prima facie presumption of negligence against the D
- 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
- The cause of the accident is unknown
- 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
- Latin for 'the thing speaks for itself'
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