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Due Diligence

Duty to Take (reasonable) Care


Res Ipsa Loquitur (occurrence of an accident implies negligence)
Last updated: 21-Jun-2015

Per Erle CJ, in the well-known case of Scott v London and St Katherine Docks Co (1865) 3 H & C 596 at 600:

There must be reasonable evidence of negligence. But, where the thing is shown to be under the management of the defendant, or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.

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