Res Ipsa Loquitur | Tort Liability Under Uncertainty (2024)

Tort Liability Under Uncertainty

Ariel Porat andAlex Stein

Published:

2001

Online ISBN:

9780191683435

Print ISBN:

9780198267973

Contents

  • < Previous chapter
  • Next chapter >

Tort Liability Under Uncertainty

Ariel Porat andAlex Stein

Chapter

Get access

Ariel Porat,

Ariel Porat

Find on

Oxford Academic

Alex Stein

Alex Stein

Find on

Oxford Academic

Pages

84–100

  • Published:

    November 2001

Cite

Porat, Ariel, and Alex Stein, 'Res Ipsa Loquitur', Tort Liability Under Uncertainty (Oxford, 2001; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780198267973.003.0004, accessed 30 June 2024.

Close

Search

Close

Search

Advanced Search

Search Menu

Abstract

This chapter examines the res ipsa loquitur presumption in relation to tort liability under uncertainty. There are three variants of this presumption. The first variant merely allows the fact-finder to infer the defendant’s negligence from the presumption’s basic facts, the second requires the fact-finder to draw such an inference if the defendant fails to produce exonerating evidence, and the third requires the fact-finder to hold the defendant negligent if the defendant fails to establish his faultlessness.

Keywords: res ipsa loquitur, tort liability, uncertainty, negligence, presumption

Subject

Contract Law Civil Law Tort Law

Collection: Oxford Scholarship Online

You do not currently have access to this chapter.

Sign in

Get help with access

Personal account

  • Sign in with email/username & password
  • Get email alerts
  • Save searches
  • Purchase content
  • Activate your purchase/trial code
  • Add your ORCID iD

Sign in Register

Institutional access

    Sign in through your institution

    Sign in through your institution

  1. Sign in with a library card
  2. Sign in with username/password
  3. Recommend to your librarian

Institutional account management

Sign in as administrator

Get help with access

Institutional access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

  1. Click Sign in through your institution.
  2. Select your institution from the list provided, which will take you to your institution's website to sign in.
  3. When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
  4. Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

  1. Click Sign in through society site.
  2. When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.
  3. Following successful sign in, you will be returned to Oxford Academic.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

Personal account

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

  • View your signed in personal account and access account management features.
  • View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

Institutional account management

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Purchase

Our books are available by subscription or purchase to libraries and institutions.

Purchasing information

Metrics

Total Views 131

87 Pageviews

44 PDF Downloads

Since 10/1/2022

Month: Total Views:
October 2022 8
November 2022 5
December 2022 5
January 2023 2
February 2023 11
March 2023 3
April 2023 8
May 2023 10
June 2023 5
July 2023 4
August 2023 7
September 2023 4
October 2023 10
November 2023 4
December 2023 6
January 2024 8
February 2024 11
March 2024 3
April 2024 4
May 2024 5
June 2024 8

Citations

Powered by Dimensions

Altmetrics

×

More from Oxford Academic

Civil Law

Contract Law

Law

Tort Law

Books

Journals

Res Ipsa Loquitur | Tort Liability Under Uncertainty (2024)

References

Top Articles
Latest Posts
Article information

Author: Foster Heidenreich CPA

Last Updated:

Views: 6359

Rating: 4.6 / 5 (76 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Foster Heidenreich CPA

Birthday: 1995-01-14

Address: 55021 Usha Garden, North Larisa, DE 19209

Phone: +6812240846623

Job: Corporate Healthcare Strategist

Hobby: Singing, Listening to music, Rafting, LARPing, Gardening, Quilting, Rappelling

Introduction: My name is Foster Heidenreich CPA, I am a delightful, quaint, glorious, quaint, faithful, enchanting, fine person who loves writing and wants to share my knowledge and understanding with you.