Res Ipsa Loquitur - Contrast To prima Facie

Contrast To prima Facie

Res ipsa loquitur is often confused with prima facie ("at first sight"), the common law doctrine that a party must show some minimum amount of evidence before a trial is worthwhile.

The difference between the two is that prima facie is a term meaning there is enough evidence for there to be a case to answer. Res ipsa loquitur means that because the facts are so obvious, a party need explain no more. For example:

"There is a prima facie case that the defendant is liable. They controlled the pump. The pump was left on and flooded the plaintiff's house. The plaintiff was away and had left the house in the control of the defendant. Res ipsa loquitur."

Read more about this topic:  Res Ipsa Loquitur

Famous quotes containing the words contrast to and/or contrast:

    In contrast to the flux and muddle of life, art is clarity and enduring presence. In the stream of life, few things are perceived clearly because few things stay put. Every mood or emotion is mixed or diluted by contrary and extraneous elements. The clarity of art—the precise evocation of mood in the novel, or of summer twilight in a painting—is like waking to a bright landscape after a long fitful slumber, or the fragrance of chicken soup after a week of head cold.
    Yi-Fu Tuan (b. 1930)

    In contrast with envy, which usually occurs between two people and is focused upon another person’s qualities or possessions, jealousy occurs when a third person becomes a threat to a dyad. Jealousy involves the loss or the impending loss of a relationship that one wants to hold onto, a relationship that is vital to personal fulfillment and claimed as one’s own.
    Carol S. Becker (b. 1942)