Contract law introduction
Lecture 14
Tort
Re Ipsa Loquitur
& Defence to Negligence
res ipsa loquitur- the facts speak for themselves
It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence, the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident, even without direct evidence of how any defendant behaved.
Where all that the Plaintiff can show is that he suffered injury. To deal with such difficult case where she does not know how the damage was caused, he could apply the doctrine of res ipsa loquitur. It means that the plaintiff can prima facie establish negligence where it is not possible for her to prove precisely what was the relevant act or omission which set in train the events leading to the accident but on the evidence as it stands at the relevant time its more likely that not that the effective cause of the accident was some act or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper care for the plaintiff’s safety. Lloyde v. West Midland Gas Co [1971]
In order to invoke the doctrine, the following conditions must be satisfied:-
1. Accident, an exceptional occurrence The accident which caused the plaintiff’s injury must be such as would not ordinarily happen but for the want of care on the part of somebody. Thus, where a person is injured because of the collapsed of the ceiling, it is clear that such things could not ordinarily happen unless somebody had been negligent.
Examples:-
A crane collapsed in a construction site. Swan v Salisbury Contructions [1966],
A barrel of flour fell from a warehouse. Byrne v Boadle (1863)
A sack of sugar fell from a crane operated by the
Tort
Re Ipsa Loquitur
& Defence to Negligence
res ipsa loquitur- the facts speak for themselves
It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence, the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident, even without direct evidence of how any defendant behaved.
Where all that the Plaintiff can show is that he suffered injury. To deal with such difficult case where she does not know how the damage was caused, he could apply the doctrine of res ipsa loquitur. It means that the plaintiff can prima facie establish negligence where it is not possible for her to prove precisely what was the relevant act or omission which set in train the events leading to the accident but on the evidence as it stands at the relevant time its more likely that not that the effective cause of the accident was some act or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper care for the plaintiff’s safety. Lloyde v. West Midland Gas Co [1971]
In order to invoke the doctrine, the following conditions must be satisfied:-
1. Accident, an exceptional occurrence The accident which caused the plaintiff’s injury must be such as would not ordinarily happen but for the want of care on the part of somebody. Thus, where a person is injured because of the collapsed of the ceiling, it is clear that such things could not ordinarily happen unless somebody had been negligent.
Examples:-
A crane collapsed in a construction site. Swan v Salisbury Contructions [1966],
A barrel of flour fell from a warehouse. Byrne v Boadle (1863)
A sack of sugar fell from a crane operated by the