Res Ipsa Loquitur

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  • Created by: Sarah
  • Created on: 31-03-11 15:00

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

Comments

Tiffany

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this is very detailed

Sarah

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not too complex and included all the important info.