d'Aguiar v de Goes [1968] JJ 899 (31 May 1968)
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.
- Citation
- [1968] JJ 899
- Parties
- Plaintiff: d'Aguiar; Defendant: de Goes
- Jurisdiction
- Jersey
- Judgment Date
- 31 May 1968
- Procedural Posture
- Civil / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Negligence, Res Ipsa Loquitur, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
d'Aguiar
Plaintiff
de Goes
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the accident was caused by the defendant's lack of care
- 2 Whether res ipsa loquitur applies in the circumstances
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
Full Case Text
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