Jersey Judgment

d'Aguiar v de Goes [1968] JJ 899 (31 May 1968)

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Professional case brief

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Source document

01

Holding and result

It is reasonable to infer that the accident was caused by the defendant's lack of care when driving with the deceased as a passenger, the vehicle left the road after failing to negotiate a dangerous bend due to excessive speed, and the defendant provides no reasonable explanation.

Court disposition

judgment for the plaintiff

02

Material facts

Parties

d'Aguiar

Plaintiff

de Goes

Defendant

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The accident occurred while the defendant was driving with the deceased as a passenger, the vehicle left the road after failing to negotiate a dangerous bend due to excessive speed, and the defendant provided no reasonable explanation.
Respondent
No reasonable explanation was provided by the defendant for the accident.

05

Court’s reasoning

  1. 01

    Jersey common law

    Res ipsa loquitur applies where an accident occurs in circumstances suggesting negligence and the defendant provides no reasonable explanation.

06

Ratio, limits and disposition

Ratio decidendi

It is reasonable to infer that the accident was caused by the defendant's lack of care when driving with the deceased as a passenger, the vehicle left the road after failing to negotiate a dangerous bend due to excessive speed, and the defendant provides no reasonable explanation.

Court disposition

judgment for the plaintiff

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1968] JJ 899

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BAILII >> Databases >> Jersey Law Reports >> d'Aguiar v de Goes [1968] JJ 899 (31 May 1968) URL: https://www.bailii.org/je/cases/JLR/1968/JLR680899.html Cite as: [1968] JJ 899 [ New search ] [ Help ] d'Aguiar v de Goes 1968 J. J. 899 (31 May 1968) Road Traffic-negligence-res ipsa loquitur-reasonable to infer accident caused by defendant's lack of care if (a) driving with deceased as passenger; (b) vehicle left road after failure to negotiate dangerous bend because of excessive speed; and (c) defendant provides no reasonable explanation The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1968 J. J. 899 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1968/JLR680899.html

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