Literally translates to "the thing speaks for it's self"
Normally in civil trial the burden of proof is on the Claimant. The claimant must prove their case on a balance of probability. however in vary rare cases the burden of proof is reversed and it is the defendant who must prove they were not in breach.
- source of law: 1865 Scott v St Katherines Dock
- - Heavy bag of sugar fell out warehouse window injured claimant. For there to be need to use res ipsa loquitor...
a) need to be no explanation as to HOW OR WHY it happened
b) must be the type that doesn't happens if PROPER CARE is taken.
c) what caused the accident must be under EXCLUSIVE CONTROL of owner.