Tort - Res Ipsa Loquitur Flashcards
1
Q
Scott v St Katherine Docks
A
Leading case
Definition - the facts speak for themselves
D must explain how the incident could have occurred without negligence
2
Q
Easson v London Railway
A
Child, train corridor
Thing causing damage must be under continuous control of D - if it wasn’t, RIL cannot be used by C
3
Q
Barkway v South Wales Transport
A
Burst tyre on bus
If the cause of the accident is known, RIL cannot be used because the ‘facts no longer speak for themselves’
4
Q
Cassidy v Ministry of Health
A
Two stiff fingers
It must be shown that the accident would not normally occur without negligence
