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| What does the legal phrase 'Res ipsa loquitur'? |
to abide by things decided the welfare of the people is the supreme law.. the thing speaks for itself where there is a wrong, there is a remedy |
| the thing speaks for itself |
| Res ipsa loquitur: it menas "the thing speaks for itself." In the law of torts, it is a very popular doctrine. In cases, where the evidence is itself sufficient to prove the guilt of the defendant, the maxim is used there. So, the maxim points out any circumstantial evidence or an object which itself shows that an act has been committed. It shows that if the defendant was not negligent, the accident would not have happened. In the law of torts, to prove somebody's negligence, the burden of proof is on the plaintiff which means the person who is the victim of the tort. It becomes really difficult to prove that the defendant was at fault and also to gather evidence against his act or omission. If the plaintiff is not able to prove negligence on the part of the defendant, the defendant cannot be made liable. So, the principle of Res Ipsa Loquitor came into force under which a plaintiff can use circumstantial evidence to establish negligence. In Nihal Kaur v. Director, P.G.I., Chandigarh, 1996, scissors were left in the body of a patient during an operation. Then his condition worsened and he died. Scissors were recovered from the ashes after cremation. Compensation of Rs. 1,20,000 was awarded to the defendants of the deceased. In the case of Karnataka State Road Transport Corporation v. Krishnan, 1981, in an accident, the two buses brushed each other in such a way that the left hands of two passengers traveling in one of these buses were cut off below the shoulder joint. It was held that the accident itself speaks volumes about the negligence on the part of drivers of both vehicles. The doctrine of res ipsa loquitur was applied to the case and, in the absence of any satisfactory explanation, the defendants were held liable. |
