2009 - Autumn

[Mid Life Crisis Marathon Man]

Res Ipsa Loquitur

For people such as myself who have no idea what the feck this means, I've already Googled it...

Res ipsa loquitur is a common law theory on the use of circumstantial evidence in tort liability on a negligence theory. The term comes from Latin and means "the thing itself speaks," but is more often translated "the thing speaks for itself." The theory allows the plaintiff to use circumstantial evidence to meet the burden of proof in negligence cases for only the first two elements: duty and breach. Proving these two elements means that, in fact, the defendant was negligent. However, the plaintiff must still prove, by a preponderance of the evidence, that the defendant's negligence was the cause-in-fact of the harm and the proximate cause of the harm before he can recover from the defendant. The theory only applies when, as a matter of law, there is enough evidence to allow a trier of fact to come to a conclusion. It was first formulated in the English 1863 case Byrne v. Boadle.

Erm yes, Byrne v Boadle. Of course.

Legalese aside however, I am looking forward to reading The Sweder Diaries real soon. Have fun, Ash!