Question

The maxim “Res Ipsa Loquitor” means?

• A. The thing speaks for itself
• B. The burden of proof lies on the plaintiff
• C. An action dies with the person
• D. To a willing person, no injury is done

Hint:

Res Ipsa Loquitur is a rule of evidence. It helps the victim win the case when the specific details of the negligence are known only to the defendant.

Answer 1

The Correct Option is A

Concept: In a standard negligence case, the Plaintiff must prove that the Defendant was negligent. However, Res Ipsa Loquitur is an exception that shifts the burden of proof.

Step 1: Understanding the three conditions for this maxim.
1. The accident must be of a kind that doesn't usually happen without negligence. 2. The object causing the harm was under the

exclusive control of the Defendant. 3. There is no other plausible explanation for the injury.

Step 2: Interpreting the Literal Meaning.

Res: The thing / Matter.

Ipsa: Itself.

Loquitur: Speaks. It means

"The thing speaks for itself." A classic example is a surgeon leaving a pair of scissors inside a patient's body after surgery. The patient doesn't need to prove "how" the doctor was careless; the mere presence of the scissors "speaks for itself" as evidence of negligence.