Res ipsa loquitur: Difference between revisions

The term comes from [[List of Latin phrases|Latin]] and is literally translated "the thing itself speaks", but the sense is well conveyed in the more common translation, "the thing speaks for itself".<ref name="translating">{{cite web|url=https://books.google.com/books?id=vhY8AAAAIAAJ&pg=PA571&dq=%22the+thing+itself+speaks%22+%22the+thing+speaks+for+itself%22&as_brr=3&ei=s_eBS7ScBYi0zQSkgP2oCw&cd=2#v=onepage&q=%22the+thing+itself+speaks%22+%22the+thing+speaks+for+itself%22&f=false|title=The Northwestern Reporter|date=30 September 2017|publisher=West Publishing Company|accessdate=30 September 2017|via=Google Books}}</ref> The earliest known use of the phrase was by [[Cicero]] in his defence speech ''[[Pro Milone]]''.<ref>{{cite web|url=http://www.perseus.tufts.edu/hopper/text?doc=Cic.+Mil.+53&fromdoc=Perseus:text:1999.02.0011|title=M. Tullius Cicero, For Milo, section 53|website=Perseus.tufts.edu|accessdate=30 September 2017}}</ref><ref>{{cite book|title=Medical jurisprudence|page=88|author=Jon R. Waltz|author2=Fred Edward Inbau |publisher=Macmillan|year=1971|ISBN=0-02-424430-9}}</ref> The circumstances of the genesis of the phrase and application by Cicero in Roman legal trials has led to questions whether it reflects on the quality of ''res ipsa loquitur'' as a legal doctrine subsequent to 52 BC, some 1915 years before the [[English law|English]] case ''[[Byrne v Boadle]]'' and the question whether [[Charles Edward Pollock]] might have taken direct inspiration from Cicero's application of the maxim in writing his judgment in that case.<ref>{{cite web|url=http://officialinformationact.blogspot.co.nz/2012/10/the-thing-speaks-for-itself-usually-but.html|title=The thing speaks for itself usually, but it didn't show up, so we brought you this instead.|website=officialinformationact.blogspot.co.nz|accessdate=30 September 2017}}</ref>

 

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#The injury is of the kind that does not ordinarily occur without negligence or is uncommon in the course and nature of said act.