Res Ipsa Loquitur: Chanakya National Law University

RES IPSA LOQUITUR
PROPOSAL SUBMITTED BY
NAME: RAHUL KUMAR BARNWAL
ROLL NO: 2033
SEMESTER: FIRST
YEAR: 2018-2023
COURSE: B.B.A.LLB (HONS)
PROPOSAL SUBMITTED TO
Mrs. SHUSMITA SINGH

FACULTY OF LAW OF TORTS
THE RESEARCH PROPOSAL SUBMITTED IN THE PARTIAL FULFILMENT OF THE
PROJECT
LAW OF TORTS
AUGUST 2018
CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001
, INTRODUCTION
Tort law refers to the set of laws that provides remedies to individuals who have
suffered harm by the unreasonable acts of another. Tort law is based on the idea
that people are liable for the consequences of their actions, whether intentional
or accidental, if they cause harm to another person or entity. Torts are the civil
wrongs that form the basis of civil lawsuits. Tort law is the body of laws that
enables people to seek compensation for wrongs committed against them.
When someone’s actions cause some type of harm to another, whether it be
physical harm to another person, or harm to someone’s property or reputation,
the harmed or injured person or entity may seek damages through the court.
Torts are wrongdoings that are done by one party against another. As a result of
the wrongdoing, the injured person may take civil action against the other party.
To simplify this, let's say while you driving car somebody come under your car
and get injured then, You become the plaintiff, or injured party, and the car
driver is considered to be the tortfeasor or defendant, the negligence,
Certain accidents happen in a manner
which is unexplained but carries a high probability of negligence and although
there is no direct evidence regarding the defendant’s conduct the court is
permitted to draw an inference of negligence by applying the doctrine of res
ipsa loquitur
1 .Res ipsa loquitur means that the facts speak for themselves and is regarded as
a method by which a plaintiff can advance an argument for purposes of
establishing a prima facie case to the effect that in the particular circumstances
the mere fact that an accident has occurred raises a prima facie factual
presumption that the defendant was negligent. How cogently such facts speak
for themselves will depend on the particular circumstances of each case.
2 . In this chapter the origin and development of the doctrine is traced and the
general requirements for the application of the doctrine, the nature –and effect
of the application of the doctrine on the burden of proof and the nature of the
defendant’s explanation in rebuttal are expounded. A detailed exposition of the
application of the doctrine to medical negligence cases in particular, follows
thereafter, with reference to case law and legal opinion.
AIMS AND OBJECTIVE
This project focus on working of financial service provide following some
landmark decision other authorities intent to clarify what kind of situation make
for a valid standing of Res ispa loquitur in court. , You become the plaintiff, or
injured party, and the car driver is considered to be the tortfeasor or defendant,
the negligence.
RESEARCH METHODOLOGY
regsgdbshjkhd
1. Whether doctrinal or Non doctrinal research?

My research is blend of doctrinal.
Doctrinal in the sense that I have collected theoretical material from different
sources such as text books and internet sources.
2. Whether primary or secondary?

Now coming on whether my research is primary or secondary. Our research is a
totally based on secondary material as it is totally based on text books, articles
and internet research ie. Secondary source
3. Analytical or Descriptive?
I have tried to be analytical in writing this project but nevertheless I have
included Cases related to negligence which is applicable to Res ipsa loquitor
from different sources and when considered suitable.
TENTATIVE CHAPTERIZATION .
1. An Introduction
2. What does res ipsa loquitur Mean.
3. Origin of res ipsa loquitur.
4. Cases related to res ipsa loquitur
5. Analysis of cases in res ipsa loquitur
6. Breach of duty of care and application of res ipsa loquitor
7. Uses of res ipsa loquitur in Negligence
8. Difference between res ipsa loquitur and Prima facie
9. Elements of res ipsa loquitur
10.Different examples of res Ipsa loquitur in different situation
11. Conclusion
BIBLIOGRAPHY
1. https://repository.up.ac.za/bitstream/handle/2263/27065/02chapter2.pdf
2. http://www.legalserviceindia.com/articles/Res_Ipsa_Loquitur.htm
3.http://www.academia.edu/5185521/THE_APPLICABILITY_OF_THE_DOC
TRINE_OF_RES_IPSA_LOQUITUR_NEGLIGENT_ACTIONS_A_CRITICA
L_APPRAISAL
 Books;-
1. Law of torts by R.k Bangia
2. Torts written by Ratanlal & Dhirajlal
3. A selection of legal maxims, classified and illustrated by
Herbert Broom

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RES IPSA LOQUITUR

NAME: RAHUL KUMAR BARNWAL

ROLL NO: 2033

COURSE: B.B.A.LLB (HONS)

Mrs. SHUSMITA SINGH

CHANAKYA NATIONAL LAW UNIVERSITY

1. Whether doctrinal or Non doctrinal research?

2. Whether primary or secondary?

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