d'Aguiar v de Goes [1968] JJ 899 (31 May 1968)
- Citation
- [1968] JJ 899
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
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
Plaintiffde Goes
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether the accident was caused by the defendant's lack of care
- 02
Whether res ipsa loquitur applies in the circumstances
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
Legal principles
- 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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Court record
Judgment
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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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