Madiruvee Leak: The Evidence Speaks For Itself

Res ipsa loquitur the latin term res ipsa loquitur means the thing speaks for itself. Which means the situation of a particular act is enough to get the idea what has happened. It is the principle that the mere occurrence of some types of accident is sufficient to imply negligence. In tort law, a [] What might have been an important element in the case was completely overlooked, because the document didnt get a chance to speak.

But nothing could be further from the truth. But the best evidence rule has nothing to do with a situation where, as here, we are seeking to divine the intent with which the document was executed rather than what words are in the document. Then the writing does not speak for itself. Indeed we may need extrinsic evidence to determine what the words in the document were intended to convey. Res ipsa loquitur is a principle intortlaw that allowsplaintiffsto meet theirburden of proofwith what is, in effect,circumstantial evidence. the plaintiff can create arebuttable presumptionofnegligenceby proving that the harm would not ordinarily have occurred without the negligenceof the defendant, that the object that caused the harm w. In the case of atanda v. ifelagha, the court of appeal, per onnoghen, j. c. a. When a document is duly pleaded, tendered and admitted inevidence, the document becomes the best evidence of its contents and therefore speaks for itself. 5. In a manner that smacks of generalisation, the court of appeal in the case of aiki v. Judges have complained about the response the document speaks for itself for decades. Nonetheless it persists, along with its cousins, calls for a