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7 Cards in this Set
- Front
- Back
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What is the SOP and BOP in civil cases |
The standard is on the balance of probabilities and the burden is on the claimant |
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What does Res Ipsa Loquitur mean? |
The thing speaks for itself |
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What is the effect of RIL |
Shifts the burden of proof from the claimant to the defendant so the D has to prove they weren't negligent |
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When is RIL used |
In obvious cases of negligence where it is difficult for the claimant to know what happened (i.e unconscious) |
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What case outlined the tests to establish RIL |
Scott v London and St Katherine's Docks |
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What are the tests for RIL |
Claimant must show: Defendant was in full control at the time of the negligence; The event couldn't have happened without someone being negligent; and There was no other explanation for the injury or damage. |
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What was outlined in Pearson v North Western Gas Board |
If the burden is switched then the D can still prove they weren't negligent |
