Evaluate and Discuss the concept of “Res Ipsa Loquito” in Strict Liability.
For this discussion, you are asked to Evaluate and Discuss the concept of “Res Ipsa Loquito” in Strict Liability.
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What is Res Ipsa Loquitor? Liteal eaig the thig speaks fo itself i a gie fat patte o situatio… la sese – Applicability in tort cases: normally the plaintiff has the burden of proof – Diffiult fo plaitiff to poe ase eause does’t hae otol o knowledge of facts – Defendant could easily get rid of plaintiff by bring a motion for a non-suit: Res ipsa loquitor became a way for plaintiff to get past this by forcing the defendant to explain how the accident happened Sometimes interpreted as a rule of evidence that reversed onus onto defendant to prove it was not negligent Res Ipsa Loquitor and the Common Law Flaw – Later, this doctrine was (finally!) over-ruled by the SCC in Fontaine v. Loewen decision (in 1999) Wait…h ae e talkig aout a oe-turned tort doctrine in a course about regulatory law? – Show how the doctrine is based on flawed reasoning and cautions us to avoid using it and to spot it when others are using it – Regulato statutes ofte hae aspets of res ipsa loquitor tpe of thikig ad authors feel a more rigorous analysis is required – The dotie is dead, ut its ghost a still haut us… EX: a disaster has occurred and the reason is unknown. Courts still routinely assume that if the defendant is unable to present evidence to show a regulatory failure occurred, negligence is presumed and liability follows. Representativeness Heuristic – Res ipsa loquitor is logically flawed. Based on a flawed way of thinking known as the Repesetatieess heuisti= eflets a tede of people to jup to conclusions without considering a statistical baseline
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