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#1 Posted : 17 November 2006 21:37:00(UTC)
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Posted By Steve Fitzpatrick Can any of you legal eagles tell me what this translates to please?
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#2 Posted : 17 November 2006 22:09:00(UTC)
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Posted By Saracen11 Hi Steve, it means, "The situation speaks for itself". Regards
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#3 Posted : 17 November 2006 22:16:00(UTC)
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Posted By Allan Curran 'The thing speaks for itself' This relates to negligence. In court it is usually up to the claimant to establish that the defendant owed a duty of care, however in some cases the facts are so obvious that the defendant was negligent that it is called 'Res Ispa Loquitur'. There is the presumption that the defendant has been negligent. Effectively the burden shifts to the defendant to establish that the damage occured without their negligence. For instance, in the case of Scott v St Katherine Docks Co (1865) the defendants dropped a bag of sugar from a crane onto the claimant, who was injured. In short I guess you could say 'it was bleeding obvious'
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#4 Posted : 17 November 2006 22:36:00(UTC)
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Posted By Steve Fitzpatrick Many thanks guys.
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#5 Posted : 18 November 2006 10:04:00(UTC)
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Posted By Raymond Rapp ...or, the facts speak for themselves.
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