res ipsa loquiter

Question 1

what does res ipsa loquiter mean

Answer 1

‘the thing that speaks for itself’
- this reverses the burden of proof

D must prove they were not liable/ negligent

Question 2

what is the 3 part test and which case is it from

Answer 2

1. was the incident wholly under the control of D
2. incident would NOT have happened unless someone/
   organisation was negligent
3. no other explanation of injury

MAHON V OSBOURNE (patient died and the doctor left a swab in his body, RIL as the thing speaks for itself, obvious to see doctor is liable)

Question 3

scott v london and st katherine’s docks

Answer 3

• Claimant was hit by bags of sugar falling from warehouse, RIL as sacks should not fall unless someone is negligent

Question 4

grant v akm

Answer 4

Claimant got underwear but contracted severe dermatitis due to over concentration of sulphate

Question 5

what is RIL used for

Answer 5

breach of duty only!