Question

PRINCIPLE Res ipsa loquitur reverses the burden of proof, creating a rebuttable presumption of the guilt of the defendant in situations where the default of the defendant seems apparent.

FACTS X, a truck driver, crashed into Y for no fault of his while trying to save Z, a student who was loitering in school uniform. Based on the facts above, Y inquires the presumption of negligence shall be in favour of

Options

• X as X crashed into Y

• the parents as the crash happened due to their child

• the school if it is apparent that the parents left the child at school

• None of the above

Answer 1

the school if it is apparent that the parents left the child at school