Question

In the context of tort law, “Res Ipsa Loquitur” means:

• A. The thing speaks for itself
• B. Beyond a reasonable doubt
• C. A matter already decided
• D. No one can be a judge in his own case

Hint:

Remember that “Res Ipsa Loquitur” is used when direct evidence is unavailable but negligence is evident by the nature of the accident.

Answer 1

The Correct Option is A

The Latin phrase “Res Ipsa Loquitur”} literally translates to “the thing speaks for itself.” In tort law, it is a doctrine used when the actual act of negligence is not directly observed, but the circumstances indicate that negligence must have occurred.
This principle is typically applied when:
- The event is of a kind that ordinarily does not occur in the absence of negligence.
- The instrumentality or agent that caused the accident was under the exclusive control of the defendant.
- The plaintiff did not contribute to the cause.
An example is when a surgical instrument is left inside a patient after surgery—this situation speaks for itself regarding negligence.