Question | Answer |
What does 'Res Ipsa Loquitur' mean? | The thing speaks for itself |
What is the first requirement of Res Ipsa Loquitur? | |
| Absence of explanation |
What is the second requirement of Res Ipsa Loquitur? | Harm not expected with proper care |
What is the third requirement of Res Ipsa Loquitur? | Exclusive control of D |
Res Ipsa Loquitur is most commonly pleaded in? | Medical negligence cases |
Case - Can be very difficult to prove C was unconscious at time | Mahon v Osbourne |
Case - Special characteristics of a claimant (one eye) | Paris v Stepney |
Case - What is the size of the risk? (unlikely cricket ball) | Bolton v Stone |
Case - Have all practical precautions been taken? (Close wet factory) | Latimer v AEC Ltd |
Case - What are the benefits of taking the risk? (Unsecure fireman jack) | Watts v Herts CC |
Two-word test for factual causation | But-for test |
What does 'Novus Actus Intervieniens' mean? | New intervening act |
Factual Causation case - arsenic tea | Barnett v Chelsea |
Two-word rule for Factual Causation | Thin skull rule |
Factual Causation - there can be ____ causes | Multiple |
Multiple Causes case - oxygen baby | Wilsher v Essex |
If D is child/oap they owe a/an ___ standard of care than a RM | Lower |
SoC age case - plastic ruler fights | Mullins v Richard |
If D is trainee/learner they owe a/an ___ standard of care than a RM | Equal |
SoC T/L case - learner driver | Nettleship v Weston |
If D is professional they owe a/an ___ standard of care than a RM | Higher |
SoC professional case - | |
SoC professional case - low battery bleeper | Bolitho |
If D is DIY they owe a/an ___ standard of care than a RM | equal |
SoC DIY case - loose door handle | Wells v Cooper |