Stewart v. Harmonstown Motor Ltd. [2005] IEHC 83 (14 March 2005)

Stewart v. Harmonstown Motor Ltd. [2005] IEHC 83 (14 March 2005)

Plaintiff failed to establish on the balance of probabilities that the defect existed at the date of sale or that the defendant's service should have revealed the defect; omissions in evidence cannot be satisfied by reliance on res ipsa loquitur.

Citation
[2005] IEHC 83
Parties
Plaintiff/appellant: Jennifer Stewart; Defendant/respondent: Harmonstown Motor Limited
Jurisdiction
Ireland
Judgment Date
14 March 2005
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Negligence, Res Ipsa Loquitur, Product Liability
Contract Law Tort Law Breach of Contract Negligence Res Ipsa Loquitur Product Liability

Case Brief

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Parties

Jennifer Stewart

Plaintiff/appellant

Harmonstown Motor Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the fire in the plaintiff's car was caused by an electrical fault or arson
  2. 2 Whether the defendant was liable for breach of contract or negligence
  3. 3 Applicability of res ipsa loquitur to the facts

Ratio Decidendi

Plaintiff failed to establish on the balance of probabilities that the defect existed at the date of sale or that the defendant's service should have revealed the defect; omissions in evidence cannot be satisfied by reliance on res ipsa loquitur.

Court Disposition

appeal dismissed

Orders

  • decision of Circuit Court Judge affirmed
  • costs to be determined