Res Ipsa Loquitur

Elements of doctrine of res ipsa loquitur were that the event would not have occurred but for someone's negligence; that the evidence on record ruled out the possibility that actions of the victim or some third party could be the reason behind the event, and that the accused was negligent and owed a duty of care towards the victim.

Doctrine of res ipsa loquitur could be extended to criminal cases provided the attendant circumstances and basic facts were proved.

Applicability.

Where real cause of death was solely within the knowledge of the defendant and was not known to the plaintiff, the maxim "res ipsa loquitur" was applicable.

Res ipsa loquitur is which is applied where although the offending act is proved, the cause of negligence canhot be established by the plaintiff due to non-accessibility to such evidence or because such evidence is exclusively within the knowledge of the defendant

Rule of res ipsa loquitur applies when the occurrence suggests as a matter of reasonable inference, that it was the result of the negligence of the defendant or of some one for whose act or omission he is responsible; when the cause of occurrence is unknown and when the presumption of negligence raised by the occurrence is not rebutted by any explanation based on additional facts proved.

Meaning, scope and applicability dilated upon.

Maxim is a rule of evidence, which provides that the plaintiff is required to prove the factum of accident, whereafter the burden is shifted upon the defendant to prove that the accident occurred not due to his or their negligence.

Meaning and applicability.

Three ingredients must be shown to exist for application of the maxim: Firstly, that the thing that had inflicted the damage was under sole management and control of person who was responsible for damage; secondly, that occurrence/crash was of such a nature that it could not have happened without negligence or carelessness; and thirdly, that there must be no evidence to establish as to why and how the occurrence/crash had, taken place.

Meaning dilated upon.

Res ipsa loquitur would mean that things speak for themselves; that accident of its nature would be more consistent with its being caused by negligence for which defendants we responsible than by any other cause and in such case mere fact of accident was prima facie evidence of such negligence

Evidence on record would indicate that accident causing death of deceased was clearly outcome of rash and negligent driving, by employee of defendant establishment and such defendant being liable for his act was legally obliged to compensate respondent for loss of life of deceased

Finding recorded by Trial Court on such aspect of matter was fully justified on facts and circumstances of case and was affirmed.

Lessor had not been able to prove any negligence on part of lessee nor the factum that if lessee would have acted in a manner in which prudent or a reasonable man would have acted, the loss would not have occurred

Lessor, in circumstances, could not urge that lessee had exclusive/special knowledge of the facts which had caused fire

Maxim: "Res ipsa loquitur" had no application to the case.

[Maxim].

Where aircraft in question, was under the sole management and control of defendants they would have to persuade the Court that accident in question (crash of aircraft) did not occur on account of their negligence

Defendant having failed to do so, doctrine of res ipsa loquitur would be applicable meaning thereby that deaths were caused by negligence of defendants and they were thus, liable for the accident aria to pay compensation to plaintiffs.

Fatal Accidents Act (XIII of 1855).

Maxim res ipsa loquitur means that accident by its nature would be. more consistent with its being caused by negligence for which defendants would be responsible than by any other cause, and that in such case mere fact of the accident was prima facie evidence of such negligence.

Application of maxim.

Res Ipsa Loquitur Res ipsa loquitur (the thing speaks for itself) is made applicable through juristic reasoning where ocular evidence was either not forthcoming or did not subsist at all.

Meaning and scope.

Doctrine of res ipsa lequitur, would apply (i) when occurrence suggested as a matter of reasonable inference, that same was the result of negligence of defendant or of someone for whose acts or omissions he was responsible, (ii) cause of occurrence was unknown and (iii) presumption of negligence raised by occurrence was not rebutted by any explanation based on additional facts proved.