Question

Res ipsa loquitor – means

• A. Things speak for themselves
• B. Tithes imperiled
• C. Vicarious liability
• D. Dangerous animals

Hint:

Remember "Res ipsa loquitur" as a tool for plaintiffs in negligence cases where direct proof is hard to find. If the situation screams negligence (like a surgical tool left inside a patient), this doctrine can be used to shift the burden of proof.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
'Res ipsa loquitur' is a Latin maxim used in tort law, particularly in cases of negligence. It is a rule of evidence that allows negligence to be inferred from the very nature of an accident or injury, even without direct evidence of the defendant's negligent act.
Step 2: Detailed Explanation:
The literal translation of the phrase 'Res ipsa loquitur' is "the thing speaks for itself".
This doctrine applies when:
\begin{enumerate} \item The incident is of a type that does not generally happen without someone's negligence. \item The instrumentality that caused the injury was under the exclusive control of the defendant. \item The plaintiff did not contribute to the cause of the injury. \end{enumerate} When these conditions are met, the burden of proof shifts to the defendant to prove that they were not negligent. A classic example is a barrel falling from a warehouse window and injuring a person below. The mere fact that the barrel fell suggests negligence on the part of those in control of the warehouse.
Step 3: Final Answer:
The maxim 'Res ipsa loquitur' means that the circumstances surrounding an injury are so obvious that negligence can be presumed, i.e., the facts or "things speak for themselves".