MR

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Title: MR

Essay Details:

Subject: Social Issues

Author:

Date: June 29, 2015

Level: University

Grade: A

Length: 4 / 990

Essay text:

Res ipsa loquitur only operates to provide evidence of negligence in the absence of an explanation of the cause of the accident. If the facts are known, the inference is impermissible and it is the task of the court to review the facts and to decide whether they amount to the plaintiff having satisfied the burden of proof which is upon him (The Modern Law of Tort (1994)). The doctrine seems to draw its roots from Byrne v Boadle, where a barrel of flour fell from a window in the defendant’s house and shop subsequently injuring the plaintiff. Chief Baron Pollock said that “[a] barrel could not roll out of a warehouse without some negligence, and to say that a plaintiff who is injured by it must call witnesses from the warehouse to prove negligence [would be] preposterous” motioning that in certain cases, such as this, res ipsa loquitur should apply...

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