Res ispa loquitar translates to 'the thing literally speals for itself'
Res ispa loquitar occurs when it is so obvious that negligance has occured that we dont need a burden or standard of proof.
There is a 3 part test to establish res ispa loquitar;
- The thing that caused the harm was wholly under control of the defendant.
- The accident that caused the damage complained of would not have occurred unless someone had been negligent.
- There’s no other explanation for the injury to the claimant.
Scott v London & St Katherine's docks - claiment walking along docks + crane lifting sugar dropped sugar on head - D was wholly in control, if it had been tied properly wouldnt have happened, only explaination to injury is this event
Mahon v Osbourne - man had surgery on abdomen, should have made full recovery but post mortem found swab left in him - D was wholly in control, C wouldnt have died it it wasn't for D's negligence, no other explaination for D's death
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