Question:What occurs in a negligence case as a direct result of the claimant proving res ipsa loquitur?
A. The defendant then cannot prove that he was not negligent
B. The claimant does not have to mitigate their claim for damages
C. The claimant is automatically paid the full amount of damages they are claiming
D. The defendant must prove that he was not negligent
The correct answer is:the defendant must prove that he was not negligent.
解析:Res ipsa loquitur means 'the facts speak for themselves'. Where the court accepts this, the claimant has proved that the most likely reason for the accident is the negligence of the defendant.
The burden of proof is reversed and the defendant must then prove they were not negligent.
高顿网校温馨提醒
各位考生,2015年ACCA备考已经开始,为了方便各位学员能更加系统地掌握考试大纲的重点知识,帮助大家充分备考,体验实战,高顿网校开通了全免费的
ACCA题库(包括精题真题和全真模考系统),题库里附有详细的答案解析,学员可以通过多种题型加强练习。
戳这里进入ACCA免费题库>>>