Res Ipsa Loquitur
- Created by: Shannon Cunningham
- Created on: 14-04-14 14:22
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- Res Ipsa Loquitur
- definition
- Latin for 'the facts speak for themselves'.
- Facts of a case mean that something couldn't of happend unless there was negligence.
- Effect
- Burden of proof shifts to D who then needs to prove that they were not negligent
- In Scott V London & St. Katherine's docks. the C was injured by bags of sugar that feel from the D's warehouse. There is no evidence of negligence but the Court of Appeal held that negligence could be inferred under res ipsa loquitur.
- Test
- For res ipsa loquitur to apply, C has to show three things
- 1. The thing that caused the damage was wholly under control of the D - Shown in Gee V Metropolitan Railway, when negligence could of inferred as the C fell out of the door just after the train had left the station.
- 2. Accident that caused the damage wouldn't of happened unless someone had been negligent.
- 3. No other explanation.
- For res ipsa loquitur to apply, C has to show three things
- definition
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