Wednesday, 20 February 2013

Res Ipsa Loquitur Definition:



Generally, in tort, the mere fact of an accident is not proof of negligence. But in some cases, negligence is presumed on the defendant since the object causing injury was in or under his or her control. This is the res ipsa loquitur doctrine.

Res ipsa loquitur is a rebuttable presumption rebutted by showing that the event was an inevitable accident and had nothing to do with the defendant’s responsibility of control or supervision.

Examples of res ipsa loquitur, not all of which can be assumed to apply today or in all jurisdictions, but which illustrate the doctrine:

Getting hit by a rock which flies off a passing dump truck;
A ship in motion collides with an anchored ship;
Damages occasioned by the collision of two trains of a same railway;
Hit or injured in an attack by a known-to-be vicious domestic dog;
Hit from cargo falling from a crane; or
Hit by bricks falling from a private bridge.

These events imputes negligence (res ipsa loquitur) and can only be defeated if the defendant can show that the event was a total and inevitable accident.

Friday, 3 August 2012

Res ipsa loquitur

In the common law of negligence, the doctrine of res ipsa loquitur (Latin for "the thing speaks for itself") states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved. Although modern formulations differ by jurisdiction, the common law originally stated that the accident must satisfy the following conditions:
A "duty" exists for a person to act "reasonably"; and

A "breach" of this duty occurs because a person  acted outside this duty, or "unreasonably"; and

There was "causation in fact"...the result would not have occurred "but for" the "breach" of this duty;
There was actual legally recognizable harm suffered by the plaintiff who did nothing wrong (i.e., no contributory negligence).

Upon a proof of res ipsa loquitur, the plaintiff need only establish the remaining two elements of negligence—namely, that the plaintiff suffered harm, of which the incident result was the legal cause.

Friday, 19 August 2011

Asclepias


Asclepias L. (1753), the milkweeds, is a genus of herbaceous perennial, dicotyledonous plants that contains over 140 known species. It previously belonged to the family Asclepiadaceae, but this is now classified as the subfamily Asclepiadoideae of the dogbane family Apocynaceae.

Milkweed is named for its milky juice, which contains alkaloids, latex, and several other complex compounds including cardenolides. Some species are known to be toxic.

Carl Linnaeus named the genus after Asclepius, the Greek god of healing, because of the many folk-medicinal uses for the milkweed plants.

Pollination in this genus is accomplished in an unusual manner. Pollen is grouped into complex structures called pollinia (or "pollen sacs"), rather than being individual grains or tetrads, as is typical for most plants. The feet or mouthparts of flower visiting insects such as bees, wasps and butterflies, slip into one of the five slits in each flower formed by adjacent anthers. The bases of the pollinia then mechanically attach to the insect, pulling a pair of pollen sacs free when the pollinator flies off. Pollination is effected by the reverse procedure in which one of the pollinia becomes trapped within the anther slit.

Asclepias species produce their seeds in follicles. The seeds, which are arranged in overlapping rows, have white silky filament-like hairs known as pappus, silk, or floss. The follicles ripen and split open and the seeds, each carried by several dried pappus, are blown by the wind.