All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
82.

Maxim “Res lpsa Loquitur” means :-

A: The thing speaks for itself
B: Where there is right there is remedy
C: Where there is remedy there is right
D: Where there is no fault there is no remedy

The answer is: A

Explanation

The correct option is A: The thing speaks for itself.

This is the literal translation of the Latin phrase "Res Ipsa Loquitur". It is a legal doctrine that allows plaintiffs to establish a presumption of negligence on the part of the defendant by showing that the injury or accident could not have occurred without the defendant's fault. For example, if a piano falls from a window and injures a passerby, the plaintiff does not need to prove how the piano fell or who was responsible for it. The fact that the piano fell is enough to infer negligence on the part of the owner or occupier of the building.

The other options are not related to the maxim "Res Ipsa Loquitur". Option B is a paraphrase of another legal maxim, "Ubi jus ibi remedium", which means "Where there is a right, there is a remedy". Option C is a reversal of option B, which is not a valid legal principle. Option D is a simplification of another legal maxim, "Damnum sine injuria", which means "Damage without injury". This refers to situations where a person suffers a loss or harm, but has no legal claim against the person who caused it, because there was no violation of a right or duty.