Res Ipsa Loquitur
- Created by: Sarah
- Created on: 31-03-11 15:00
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In civil law, the burden of proof generally requires the claimant (C) to prove that the defendant (D) has breached their duty of care; the D does not have to show how they acted reasonably. However, in some cases it can be difficult for the C to prove a breach of duty and so the courts may say res ipsa loquitur which translates as 'things speak for themselves'. In Scott v London & St. Katherine Docks the court said res ipsa loquitur as sacks of sugar do not simply fall from the window without someone being negligent.
The res ipsa loquitur rule can…
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