Breach of Duty: Standard of Proof

[Flash Card 1 of 1]

• general rule: C must show D breached duty of care owed / D not have to prove not negligent

Res ipsa loquitur (the thing speaks for itself)

• principle developed to aid C where negligence can only be inferred
• sugar / sufficient if P proves: D in control of events leading to injury / accident not normally occur without carelessness / exact cause of accident unknown (Scott v London & St Katherine's Docks (1865))
• control: train door / D liable: driver controlled closing doors (Gee v Metropolitan Railway (1873)) / D not liable: passengers controlled doors (Easson v LNER [1944])
• carelessness: bags sugar / not normally fall (Scott v London & St Katherine's Docks (1865))
• unknown cause: if cause known facts no longer speak for themselves / P not rely on res ipsa loquitur / bus tyre (Barkway v South Wales Transport [1950])

Defence

• D must show: how accident occurred (without negligence on his part) or demonstrate he used reasonable care

The Civil Evidence Act 1968

• S11: convictions / in UK courts / can be used as evidence in civil proceedings (The Civil Evidence Act 1968 )
• if D convicted of a relevant offence: taken he did commit / unless D can prove contrary / C use to prove D's carelessness

bits of law