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Negligence Pt 2 - Coggle Diagram
Negligence Pt 2
Breach of Duty
What?
- due to his behaviour, the defendant had breached the duty of care he had owed to the plaintiff
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Res Ipsa Loquitur
Burden of proof is shifted to the defendant
- when the exact cause of the incident is unknown or,
- when the accident is so obviously due to someone’s negligence
To successfully plead this maxim:
- the thing causing the damage to the plaintiff must have been within the defendant’s control
- the accident would not normally happen if care had been taken
- there is no other explanation for the accident except the defendant’s negligence
Relevant cases:
- Scott v London and St Katherine’s Dock Co.
- Teng Ah Kow v Ho Sek Chiu
- MCST No 1298 v Keller Piano Co.
Take Note:
- successful plead only results in an implication of
negligence on the defendant's part
- it does not mean that the plaintiff’s case has
been fully established
Damage caused by Breach
What?
- when the damage or loss the plaintiff suffered was caused by the defendant’s breach of duty
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