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Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.
& Colt. 722, 159 Eng. Rep. 299, 1863) is an English tort law case that first applied the doctrine of res ipsa loquitur (“the thing speaks for itself”). Facts
Ybarra v. Spangard [1] was a leading case in California discussing the exclusive control element of res ipsa loquitur. "Where a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants who had any control over his body or the instrumentalities which might have caused the injuries may properly be called upon to meet the inference of ...
res ipsa loquitur: the thing speaks for itself: A phrase from the common law of torts meaning that negligence can be inferred from the fact that such an accident happened, without proof of exactly how. res judicata: judged thing: A matter which has been decided by a court.
Traynor also felt that the majority's reasoning approached a rule of strict liability even though the decision was ostensibly based on the doctrine of res ipsa loquitur: In leaving it to the jury to decide whether the inference has been dispelled, regardless of the evidence against it, the negligence rule approaches the rule of strict liability.
Ward v. Tesco Stores Ltd. [1976] 1 WLR 810, is an English tort law case concerning the doctrine of res ipsa loquitur ("the thing speaks for itself"). It deals with the law of negligence and it set an important precedent in so called "trip and slip" cases which are a common occurrence.
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Prima facie is often confused with res ipsa loquitur ('the thing speaks for itself', or literally 'the thing itself speaks'), the common law doctrine that when the facts make it self-evident that negligence or other responsibility lies with a party, it is not necessary to provide extraneous details, since any reasonable person would immediately find the facts of the case.