Question

Res ipsa loquitor translates to

• A. One who does through another does it himself
• B. Equity knows no laws
• C. The thing speaks for itself
• D. One who consents cannot claim to be injured

Hint:

Res ipsa loquitur is a rule of evidence, not a rule of substantive law.
It helps plaintiffs who cannot prove the exact chain of events but can prove that the resulting accident is impossible without negligence.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks for the literal translation and meaning of the Latin legal maxim "Res ipsa loquitur" (spelled "loquitor" in the paper).

Step 2: Key Principles and Statutory Provisions:
This maxim is a rule of evidence in the Law of Torts, particularly in claims of negligence.

Step 3: Detailed Explanation and Analysis:

• "Res ipsa loquitur" translates directly to: "The thing speaks for itself."

• In normal negligence cases, the plaintiff bears the burden of proving that the defendant was negligent.
However, under this maxim, the accident itself is of such a nature that it could not have happened without negligence.

• For the maxim to apply, three conditions must be met:
1. The thing causing the accident must be under the exclusive control of the defendant.
2. The accident is such as in the ordinary course of things does not happen if those who have control use proper care.
3. There is no other reasonable explanation.

• When "res ipsa loquitur" applies, the burden of proof shifts to the defendant to prove that they were *not* negligent.
A classic example is a surgeon leaving a scalpel inside a patient's body during surgery.

Step 4: Final Answer:
The maxim translates to "The thing speaks for itself", making Option C the correct choice.