Res Ipsa Loquitor Notes

Res ipsa Loquitor (The facts speaks for itself)
1. Blacks Law Dictionary
 Definition - in some circumstances, the mere fact of an accidents occurrence raises

an inference of negligence so as to establish a prima facie (at first sight) case. It is
a symbol for the rule that the fact of the occurrence of an injury taken with the
surrounding circumstances may permit an inference or raise a presumption of
negligence, or make out a plaintiff's prima facie case and present a question of fact
for defendant to meet with an explanation.
2. Common Law Landmark Cases: Byrne v Boadle 2 H. & C. 722, 159 Eng. Rep. 299 (Exch.
1863)
 A plaintiff seeking to rely on res ipsa loquitur must connect the defendant to the
harm. Initially, courts interpreted the control element narrowly, requiring the
plaintiff to show that the defendant likely had “exclusive control” over the harm-
causing instrumentality. This element has been liberalized and it is now enough
for a plaintiff to get the issue to a jury on res ipsa loquitur if he can provide
evidence showing that the defendant probably was the responsible party even if
the defendant did not have exclusive control.
3. Common Law Landmark Cases: SCOTT V LONDON AND ST KATHERINE DOCKS CO

[1861-1873] All ER Rep. 248
 The plaintiff, a customs officer who was in charge of superintending the

weighing of goods, was attending to duty at the defendant’s warehouse. While
passing through the warehouse from one doorway to another, he was suddenly
and violently hit to the ground by some bags of sugar that fell on him from an
upper window of the defendant’s warehouse. The plaintiff suffered serious and
permanent injuries as a result.
 At the trial, the court held that the plaintiff had not adduced sufficient evidence
of negligence on the part of the defendants to bring the case to a jury. The
plaintiff obtained a rule to set aside the court’s decision. Thereafter, the rule was
made absolute, resulting in an appeal being made to the Court of Exchequer.
 The appeal court recognised that there would be situations in which the facts of
the incident itself would establish a prima facie case of negligence against the
defendant. In setting out the principles on which the maxim of res ipsa loquitur
would apply, Erle CJ stated as follows:
 “There must be reasonable evidence of negligence. But where the thing is shown
to be under the management of the defendant or his servants, and the accident
is such as in the ordinary course of things does not happen if those who have
the management use proper care, it affords reasonable evidence, in the absence
of explanation by the defendants, that the accident arose from want of care.”
Malaysian Cases
4. David Chelliah @ Kovilpillai Chelliah David v Monorail Malaysia Technology Sdn Bhd &
Ors [2009] 4 MLJ 253 (HC) – (Facts stated in slides)
5. LEMBAGA KEMAJUAN TANAH PERSEKUTUAN v MARIAM & ORS [1984] 1 MLJ 283 (FC)
(Facts stated in slides)
6. MA CLYDE v WONG AH MEI & ANOR [1970] 2 MLJ 183 (FC)

 Held: the learned trial judge was justified in holding that the doctrine of res ipsa
loquitur applied and that therefore the onus lay on the appellant to explain why
she knocked the deceased from behind and, as the appellant chose not to give
any explanation, judgment was rightly given against her
7. PACIFIC TIN CONSOLIDATED CORPORATION v HOON WEE THIM [1967] 2 MLJ 35 (FC)
(Facts stated in slides)
8. TEOH GUAT LOOI v NG HONG GUAN [1998] 4 MLJ 525 (COA)

 Held: Although the appellant was unable to prove exactly how the accident
happened, it was proved to have happened in such a way that prima facie, it
could not have happened without negligence on the part of the respondent. The
principle of res ipsa loquitur then shifted the onus of proof on the respondent to
explain and show how the accident could have happened without negligence on
his part, which the respondent made no attempt to do. The respondent had
failed to rebut the prima facie case of negligence against him because at the
conclusion of the appellant's case, he had elected not to call evidence

Res Ipsa Loquitor Notes

Uploaded by

Copyright:

Available Formats

Res Ipsa Loquitor Notes

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Res Ipsa Loquitor Notes

Uploaded by

Copyright:

Available Formats

Res ipsa Loquitor (The facts speaks for itself)

1. Blacks Law Dictionary

 Definition - in some circumstances, the mere fact of an accidents occurrence raises

3. Common Law Landmark Cases: SCOTT V LONDON AND ST KATHERINE DOCKS CO

 The plaintiff, a customs officer who was in charge of superintending the

6. MA CLYDE v WONG AH MEI & ANOR [1970] 2 MLJ 183 (FC)

8. TEOH GUAT LOOI v NG HONG GUAN [1998] 4 MLJ 525 (COA)

You might also like