Flynote and Headnote
[1] Tort - Negligence - Res ipsa loquitur - In general.
The doctrine of res ipsa loquitur arises when the plaintiff proves a result without alleging any specific act or omission on the part of 25 the defendant and the mere fact that the result has occurred makes it more probable than not that such result was caused by the negligence of the defendant.
[2] Evidence - Burden of proof - Presumptions - Res ipsa loquitur.
See [1] above.
[3] Tort - Negligence - Res ipsa loquitur - Burden of proof.
If the doctrine of res ipsa loquitur is applicable, the burden of proof shifts from the plaintiff to the defendant; and the plaintiff will succeed unless the defendant refutes the probability that plaintiff's injury was caused by defendant's negligence. 35
[4] Evidence - Burden of proof - Presumptions - Res ipsa loquitur.
See [3] above.
[5] Tort - Negligence - Res ipsa loquitur - Defence of inevitable accident.
The fact that a certain result was an inevitable accident is a defence to res ipsa loquitur, but the onus is on the defendant to prove 40
1969 ZR p162
MAGNUS J
that there was an inevitable accident and that he was, therefore, not guilty of negligence.
[6] Evidence - Burden of proof - Inevitable accident.
See [5] above. 5
[7] Evidence - Weight - Demeanour of witness.
The demeanour of a witness in the box may be considered in determining the weight to be given to the evidence of such witness.
