单词 | res ipsa loquitur |
释义 | res ipsa loquiturphr.n. 1. ‘The thing speaks for itself’: used to suggest that something is self-evident. ΚΠ 1618 L. Andrewes Serm. 24 Now, how great a Lord, the Lord of lords is, what shall I need tell you? There is no ende of his greatnesse. How great, and how good withall, res ipsa loquitur. 1658 H. Grimston tr. G. Croke Reports II. 508 If the corrupt agreement be not expressed in the verdict, and the matter is apparent to the Court to be usury, there the Jury needs not to shew that it was corruptly, for res ipsa loquitur. 1698 Proc. against J. Fenwick 265 I appeal in this Case, res ipsa loquitur, the Thing is so plain. 1747 Scots Mag. May 213/1 The Scots..knew, that..their sixteen Peers and forty five Commoners could never make a majority... So res ipsa loquitur, that their whole dependence must have been on the immutability of the things they had stipulated for, at that time. 1752 R. Baron Pillars of Priestcraft & Orthodoxy Shaken I. 174 The very mention of these instances, without farther reasoning, may suffice. Res ipsa loquitur. 1807 W. Cranch Rep. Supreme Court U.S. 3 185 No argument can make the transaction plainer, than it is stated in the receipt itself. Res ipsa loquitur. 1820 Morning Chron. 25 Dec. I understand it [sc. a printed address] has been sent round to the clergy of the diocese, to be by them submitted to their respective flocks! Res ipsa loquitur. 1919 W. H. Taft in T. Marburg & H. E. Flack Taft Papers League of Nations (1920) 259 The war itself ended that policy. Res ipsa loquitur. 1965 Mod. Law Rev. 28 v. 623 When a textbook attains an eighteenth edition surely the maxim res ipsa loquitur could hardly boast a better exemplification. 2006 Philadelphia Inquirer (Nexis) 1 Jan. m1 Each January everyone goes on one [sc. a diet], proving that—res ipsa loquitur—if diets actually worked, no one would have to. 2. Law. Used with reference to the principle that accidental harm or damage caused to the plaintiff may be presumed to imply negligence on the part of the defendant on the basis that the harm caused was under the defendant's sole control or that there is no other explanation for the harm than carelessness. Also as n.: this principle; a case in which the principle applies. ΘΚΠ society > law > jurisprudence > [noun] > legal maxim > specific salus populi suprema lex esto1612 respondeat superiora1634 stare decisis1800 pacta sunt servanda1836 res ipsa loquitur1863 jus cogens1895 1863 F. Pollock in Exchequer Rep. (1864) II. 725 There are certain cases of which it may be said res ipsa loquitur, and this seems one of them. 1872 Wharton's Law Lexicon (ed. 5) 846/1 Res ipsa loquitur (the thing speaks for itself), a phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence. 1886 Irish Law Times 25 Dec. 599/2 It was not a case of res ipsa loquitur. The man was found dead near a level crossing, and it may be probably surmised..that he was killed by a passing train—that was all. 1907 Harvard Law Rev. 20 228 The doctrine of res ipsa loquitur has been most frequently applied in cases of injuries to passengers of common carriers and to persons..who have been struck by some substance falling from an adjoining building. 1973 N.Y. Law Jrnl. 19 July 12/3 At the new trial plaintiff shall be permitted to produce an expert to establish a case under the doctrine of res ipsa loquitur. 2004 T. J. Miceli Econ. Approach to Law iii. 83 Although the plaintiff..could offer no evidence of negligence on the part of the manufacturer, the court held the manufacturer liable based on the doctrine of res ipsa loquitur. This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022). < phr.n.1618 |
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