In:
The Cambridge Law Journal, Cambridge University Press (CUP), Vol. 12, No. 1 ( 1954-04), p. 118-132
Abstract:
Dr. T. Ellis Lewis in this Journal in 1951 discussed the operation of the maxim res ipsa loquitur in relation to the burden of proof and proposed certain conclusions. So thorough was his analysis of the question that one would hesitate to intrude upon the field but for the fact that the problems posed by his article and specifically left open by the House of Lords in Barkway's case have recently been considered by the New Zealand Supreme Court and Court of Appeal. A frank difference of opinion on the nature of res ipsa loquitur manifested itself in each court, and hence no excuse is offered for advancing this discussion, which can only be complementary to that of Dr. Ellis Lewis. Advantage will be taken of the opportunity to consider the Australian contributions to the subject. There is perhaps too little awareness in England that many of the academic battles of the law are regularly being fought out in the Australian and New Zealand courts.
Type of Medium:
Online Resource
ISSN:
0008-1973
,
1469-2139
DOI:
10.1017/S0008197300002907
Language:
English
Publisher:
Cambridge University Press (CUP)
Publication Date:
1954
detail.hit.zdb_id:
1479383-0
SSG:
2
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