Question

In tort law, the principle of `res ipsa loquitur' refers to: 
 

• A. The burden of proof lies on the plaintiff.
• B. The thing speaks for itself.
• C. The defendant is always liable for negligence.
• D. Damages must be proven by the victim.

Hint:

Learn key legal maxims like ``res ipsa loquitur'' to tackle tort law questions effectively in law entrance exams.

Answer 1

The Correct Option is B

In tort law, the principle of res ipsa loquitur refers to the concept that "the thing speaks for itself." This legal doctrine is used when an accident's cause is not explicitly known, but it is inferred that negligence by the defendant is the most likely explanation based on the nature of the accident.

This principle is invoked when:

• The event in question is of a type that does not ordinarily happen without negligence.
• The instrumentality or agent that caused the injury was under the control of the defendant.
• The injury was not due to any voluntary action or contribution on the part of the plaintiff.

 

In essence, it shifts the burden of proof to the defendant to show that there was no negligence on their part