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---:: a simple dictionary of legal terminology and relevant cases ::---

09/10/2008

R

TORT: Res ipsa loquitur - 'The thing speaks for itself'. It is open to the court to infer negligence from the circumstances (circumstantial evidence) in which the accident occurred. There are certain happening that do not normally occur in the absence of negligence and upon proof of these a court will probably hold that there is a case to answer. If the defendant chooses not to respond by offering an explanation consistent with due care, then the claimant will win.

TORT: Remoteness of damage - This can be determined in most cases by a test of foreseeability.

CONTRACT: Revocation - An offer can be revoked before acceptance, or be rejected by the offeree. It can also lapse for want of acceptance, or by the death of the offeror/offeree. Acceptance can be revoked any time before it is communicated, provided that this travels/is communicated faster than the acceptance.

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