Res ipsa loquitur

....... is a Latin term I learnt during Tort class in law school. In English, it means "the things speaks for itself." In other words, further discussions are unnecessary because proof of the case is self-evident.

This term is first conceived from the judgement in an old English case known as Byrne v. Boadle. In that case, Mr. Byrne was walking underneath the premises of a flour-dealer, Mr. Broadle. All of a sudden, a barrel of flour dropped from the second floor window and hit Mr. Byrne on the head. Mr. Byrne sued.

The judge, Sir Pollock, held that the fact that a barrel of flour has dropped from the shop window is sufficient proof that there is negligence of Mr. Broadle's part simply because in ordinary circumstances, barrels of flour DO NOT fall from windows. Res ipsa loquitur.

To give a modern example, it suffice to say that the presence of a pair of scissors in a patient's stomach is sufficient to prove the operating surgeon's negligence simply because before the operation, the patient did not have a pair of scissors in his stomach. Res ipsa loquitur.

I was a little obsessed with this term when I first learnt it. I will use (or rather, abuse) it at any opportune time, often inappropriately.

Like when a friend is suffering from a hangover, I will hover over him/her and shout "Res ipsa loquitur!" When piece of cake is missing from the fridge, I will point to my fattest housemate and whisper, "Res ipsa loquitur." When the girls are wondering which one of us the cute guy is looking at, I will smirk and think to myself, "Res ipsa loquitur."

Kidding!

So, what is my point? Nothing actually, I just came across this term again today as I was vetting an affidavit. *Yawn* Did I have a good day at work today? Can you see this look on my face? No you can't see it but trust me, in ordinary circumstances, you won't see it either. Res ipsa loquitur.