Q: What is Res Ispa loquitur ?

Ans: Res Ispa loquitur means that the thing speaks for itself. 

Negligence means want of proper care or carelessness. 

Essentials of negligence:

1. Defendent was under a legal duty to take care.

2. Defendent was guilty of the breach of that duty.

3. The plaintiff suffered damage.

Res ispa loquitur is an exception of negligence of law of torts 

Essentials of the maxim:

1. Accident could not ordinarily occur unless the defendent had been negligent the law.

2. The plaintiff suffered damage.

3. This maxim is not a rule of law. It is a rule of evidence benefiting the plaintiff by not requiring him to prove the negligence.

4. Case law: Byrne Vs. Boadle,  1863

In this case, the plaintiff was going on a public street when a barrel fell upon him from the defendant's warehouse window. Want of care on the part of defendent was presumed and it was for him to show that the same was not for want of care on his part , for barrels do not usually fall out from windows unless there is a want of care.

Limitation of Maxim:

1. The maxim res ispa loquitur does not apply to all the accidents. It applies only when the cause of accidents lies solely within the knowledge of the defendent.

2. This rule does not create a legal presumption of negligence in all cases of accident. There is only rebuttable and not irrebuttable presumption of negligence which the defendent may be able to rebut.

3. If defendant can show a way in which the accident may have occurred reasonably without negligence on his part or on the part of those for whom he is responsible,  the maxim does not apply.


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