Discussion
In res Ipsa Loquitor :
(1) Presumption of negligence is there.
(2) Plaintiff has to bring direct evidence.
(3) Plaintiff is discharged from the duty of proving negligence on the part of the defendant.
(4) Court does not give chance to defendant to avoid his liability.
Answer: D
The statements (1) and (3) are correct, option D. Res ipsa loquitur, the thing speaks for itself, raises a presumption of negligence in the defendant when the accident is of a kind that does not ordinarily happen without negligence and the thing causing it was under the defendant's control. The plaintiff is thereby discharged of the burden of proving the defendant's negligence, which is statement (3). Statement (2), that the plaintiff has to bring direct evidence, is the opposite of the doctrine, and statement (4), that the court gives the defendant no chance to avoid liability, is wrong because the defendant may rebut the presumption. So options A, B and C are rejected.
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