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Re Ipsa Loquitur - Coggle Diagram
Re Ipsa Loquitur
application
Lindsay v Mid West Health Board 8 year old in coma, never regained conciousness, many reasons potentially why - not all negligent
Neill v Minister child gets hand stuck in vans door, child couldn't remember how - lots of potential ways to fill gap
Hanrahan v Merck, Sharp and Dohm claim livestock and own health damaged by factory emissions - refused to apply doctrine need evidence of exceptional circusmtances
criticised by commentators, mades harder to avail of -
used cautiously
Saunders only resort to it if unable to resolve issue on examination of evidence , burden of proof important part of law - not really a reversal of burden but more cases that court based on all evidence could make finding of negligence
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rational
rule of evidence that if no direct evidence of what happened can infer negligence based on circumstantial evidence
origins
Scott v London and St Katherines docks unloading ship, person walking under hit by a bag of sugar, unclear what caused it to fall - held - negligent act could be inferred - doesn't happen in ordinary course of events if proper care used and occured during management of defendant
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