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Res Ipsa Loquitur

“Res ipsa loquitur” is a Latin maxim that translates to “the thing speaks for itself.” It is a legal doctrine used in tort law to infer negligence or fault based on the circumstances and nature of an accident or injury. The doctrine allows the court to presume negligence when certain conditions are met.

Res ipsa loquitur is applicable when the following elements are present:

  1. The event or accident must be of a type that would not normally occur in the absence of negligence.
  2. The event or accident must be within the defendant’s control or responsibility.
  3. The plaintiff must not have contributed to the event or accident.

When these conditions are satisfied, the doctrine allows the court to presume that the defendant acted negligently, even without direct evidence of negligence. The rationale behind this doctrine is that certain incidents or accidents are so obviously the results of negligence that the mere occurrence of the event implies the defendant’s fault.

Res ipsa loquitur is often invoked in cases where the specific cause of the accident or injury is unknown or difficult to establish, but the circumstances suggest that negligence was likely involved. It helps shift the burden of proof to the defendant to provide a reasonable explanation or evidence to refute the presumption of negligence.

However, it’s important to note that the application of res ipsa loquitur varies depending on the jurisdiction and the specific facts of the case. The doctrine is not an automatic presumption of negligence, and the court will still consider all the available evidence before making a final determination.

Overall, res ipsa loquitur is a legal principle that allows the inference of negligence based on the circumstances surrounding an accident or injury when direct evidence of fault is lacking. It assists plaintiffs in establishing a prima facie case of negligence and facilitates the administration of justice in situations where the facts strongly suggest negligence but are difficult to prove definitively.

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Sample Mock Tests for Practice

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 10 Q. NO. 361 TO 400)

THE LAW OF TORTS (PAPER 03 Q. NO. 91 TO 135)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 21 Q. NO. 801 TO 840)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2019

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 05 Q. NO. 161 TO 200)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 11 Q. NO. 401 TO 440)

AILET – National Law University Delhi Entrance Test (NLU 2018)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 03 Q. NO. 61 TO 90)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 18 Q. NO. 681 TO 720)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 02 Q. NO. 31 TO 60)

THE LIMITATION ACT, 1963 (PAPER 04 Q. NO. 121 TO 160)

GUJRAT LOWER JUDICIAL SERVICES 2019(1) & (2)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 01 Q. NO. 1 TO 30)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 11 Q. NO. 401 TO 440)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

THE LAW OF TORTS (PAPER 04 Q. NO. 136 TO 180)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 03 Q. NO. 81 TO 120)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

GUJRAT LOWER JUDICIAL SERVICES 2022

DELHI LOWER JUDICIARY 2008

DELHI LOWER JUDICIAL SERVICES 2018(1)

AILET – National Law University Delhi Entrance Test (NLU 2021)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 09 Q. NO. 321 TO 360)

The Hindu Marriage Act, 1955 (Paper 02: Q. 26 TO 50)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 08 Q. NO. 246 TO 280)

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