GfriBSM7Tpr9GUY9Gpd0TSGlTY==

Form

Comment

PROJECT JURISPRUDENCE

Res ipsa loquitur; requisites

Literally, res ipsa loquitur means the thing speaks for itself. It is the rule that the fact of the occurrence of an injury, taken with the surroundin
Posted by:DADA
0
Literally, res ipsa loquitur means the thing speaks for itself. It is the rule that the fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff's prima facie case, and present a question of fact for defendant to meet with an explanation.[1]

The requisites for the applicability of the doctrine of res ipsa loquitur are: (1) the occurrence of an injury; (2) the thing which caused the injury was under the control and management of the defendant; (3) the occurrence was such that in the ordinary course of things, would not have happened if those who had control or management used proper care; and (4) the absence of explanation by the defendant. Of the foregoing requisites, the most instrumental is the control and management of the thing which caused the injury.[2][1] Professional Services, Inc. v. Natividad and Enrique Agana, 542 Phil. 482 (2007).
[2] Id. at 483.
Read also:

Related Posts