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#breach #negligence #tort
The Doctrine of Res Ipsa Loquitur. This literally means ‘the facts speak for themselves’. The maxim is used (but only rarely) in situations where the only plausible explanation for the claimant’s injuries is that the defendant has been negligent. If the maxim applies it will then be for the defendant to adduce evidence that shows that they were not negligent. The maxim, therefore, helps claimants who have difficulty proving exactly how an accident occurred.
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