Res Ipsa Loquiter

this may come up as a 5 mark question

?
Res Ipsa Loquiter
.. is used to find liability in cases where it may be impossible to find who exactly is responsible for the breach and resulting damage.
1 of 5
1) Must be under the defendents control
Mahon v Osbourne: the swab would've been ultimately under the surgeons control
2 of 5
2) Must be indirect evidence of negligence
The swab in the patient is the evidence.
3 of 5
3) No other explanation available
The swab could not have entered the patient any other way than during the operation he had two weeks before the swab was found.
4 of 5
The End
..
5 of 5

Other cards in this set

Card 2

Front

Mahon v Osbourne: the swab would've been ultimately under the surgeons control

Back

1) Must be under the defendents control

Card 3

Front

The swab in the patient is the evidence.

Back

Preview of the back of card 3

Card 4

Front

The swab could not have entered the patient any other way than during the operation he had two weeks before the swab was found.

Back

Preview of the back of card 4

Card 5

Front

..

Back

Preview of the back of card 5

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »