Glossary · Codex Latin

Res ipsa loquitur

the thing speaks for itself

Where the phrase comes from

Byrne v Boadle (1863) 159 ER 299. A barrel fell from a warehouse onto a passer-by. The court let the accident itself support an inference of negligence.

What lawyers are pointing at

The inference is available when the event is of a kind that ordinarily does not happen without negligence, the thing was in the defendant's control, and there is no specific proof of the negligent act. It is an inference, and it can be answered with a real explanation. It is not a rule that an accident equals liability. Using the Latin to mean 'the outcome is so bad that we need not look' is a misuse.

The same shape in code

A kernel log that records an out-of-memory kill at the same second a process vanishes speaks for itself about memory pressure. It does not name which tenant allocated the memory. The log is the barrel. The tenant is a further fact.

A concrete picture

A flour barrel falls from a shop window onto a person walking past. The person need not produce the employee who shoved it, if the shop controlled the window and barrels do not leap on their own.

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