Question

Maxim "Res Ipsa Loquitur" means :-

• A. The thing speaks for itself
• B. Where there is right there is remedy
• C. Where there is remedy there is right
• D. Where there is no fault there is no remedy

Hint:

'Res Ipsa Loquitur' applies in accidents so obvious that negligence is self-evident. For example, if a barrel falls from a second-story window and hits a passerby, the situation itself ("the thing") speaks of someone's negligence.

Answer 1

The Correct Option is A

'Res Ipsa Loquitur' is a Latin maxim used in the law of torts, which literally translates to "the thing speaks for itself." It is a rule of evidence that allows the plaintiff to establish a presumption of negligence on the part of the defendant without providing direct proof of negligence. The maxim applies when an accident occurs that is of a kind that does not ordinarily happen unless someone was negligent, and the instrumentality causing the injury was under the exclusive control of the defendant. The burden then shifts to the defendant to prove they were not negligent.