Res Ipsa Loquitur
Babylon English English dictionaryDownload this dictionary
res ipsa loquitur
(Latin) the thing speaks for itself (damage claim that transfers the burden of proof onto the recklessness or negligence)

Wikipedia English The Free EncyclopediaDownload this dictionary
Res ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur (Latin for "the thing speaks for itself") states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved. Although modern formulations differ by jurisdiction, the common law originally stated that the accident must satisfy the following conditions:
  1. A "duty" exists for a person to act "reasonably"; and
  2. A "breach" of this duty occurs because a person [or agency, etc.] acted outside this duty, or "unreasonably"; and
  3. There was "causation in fact"...the result would not have occurred "but for" the "breach" of this duty;
  4. There was actual legally recognizable harm suffered by the plaintiff who did nothing wrong (i.e., no contributory negligence).

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WordNet 2.0 DictionaryDownload this dictionary
res ipsa loquitur

Noun
1. a rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
(hypernym) rule of evidence


Duhaime.org Legal DictionaryDownload this dictionary
Res ipsa loquitur
Latin for the thing speaks for itself. Generally, in tort, the mere fact of an accident is not proof of negligence. But in some cases, negligence is presumed on the defendant since the object causing injury was in his or her control. This is the res ipsa loquitur doctrine. - (read more on Res ipsa loquitur)
  
HMCS Legal Terms DictionaryDownload this dictionary
Res Ipsa Loquitur
The thing speaks for itself
An event that has occurred which, if the subject of litigation, would not require an onus of proof by the plaintiff because of the obvious negligence of the defendant 

By
Her Majesty's Courts Service. Published under Crown Copyright.

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