top of page

Tort of Negligence - Res Ipsa Loquitur & Negligence Per Se

Four elements: Duty, Breach, Causation and Damage.

Res Ipsa Loquitur - Negligent behaviour which constitutes the duty and breach elements to be proven based on surrounding circumstances.

Elements: 1. Defendent was in exclusive control of the situation that caused the injury. 2. The injury wouldn't have occurred BUT FOR the defendent's negligence. 3. The plaintiff injury was not due to own action or contribution.

Negligence Per Se - A conduct that is a violation of law causes harm. Violation of law is inherently considered negligent behaviour. e.g. A statue defining a standard of conduct and the defendent has violated that statute. The plaintiff is a member of the class that the statute was trying to protect and the planttiff suffer sort of injury that the statute was design to prevent.


bottom of page