In this article you will learn about Res Ipsa Loquitur in Tort.
Res Ipsa Loquitur
Res Ipsa Loquitur is a Latin phrase which means ‘things speak for itself’. This doctrine is very popular in the law of tort. This maxim is used in situations where the evidence is sufficient to prove the defendant's guilt. So, it points out any circumstantial or indirect evidence or an object which itself shows that an act has taken place. This indicates that if the defendant was not negligent, the accident would not have happened.
In the law of tort, the burden of proof lies on the plaintiff, who is the victim of the tort to prove the defendant's negligence. It becomes really difficult to gather evidence against the defendant’s act or omission and to prove him guilty. The defendant can not be held liable, if the plaintiff is unable to prove the defendant’s negligence. So, the doctrine of Res Ipsa Loquitur permits the plaintiff to prove negligence of the defendant through circumstantial evidence.
In the case of Municipal Corporation of Delhi v. Subhagwanti (1966), an old clock tower situated in the middle of a crowded area of Chandni Chowk suddenly collapsed and A large number of people were killed. The clock tower was 80 years old although the expected life span of the clock tower should have been 40-45 years. Subhagwanti’s husband was standing beside the clock tower. The court presumed that it was a negligent act by the defendant as there was no notice expressed. Where there is more than one inference Res Ipsa Loquitur is not applicable. Since the defendants could not prove the absence of negligence on their part, they were held liable.
In the case of Wakelin v. London and South Western Railway Co. (1886), it was held by the court that Res Ipsa Loquitur will be applicable where there is single inference from the things or material which was produced before the court. (evidence must be beyond the reasonable doubt/ single result must be found)
In the case of Chairman, MP Electricity Board Jabalpur v. Bhajan Gond, plaintiff’s wife died due to broken live electric wire which had fallen down in the field. Information was not given to the electricity board and they postponed it on another morning. Despite complaints, they ignored the repairs. There was sufficient circumstantial evidence by which the negligence was proved.
The maxim - Res Ipsa Loquitur applies in situations where :
- The cause of the accident was under the management or control of the defendant
- The accident is such as in the ordinary course of things and would not happen if those who have the management use proper care
In the cases where this maxim is applied, the burden of proof moves from the plaintiff to the defendant and then the defendant has to disprove the accusations made against him.
This article on Res Ipsa Loquitur in Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.