| 词条 | Hawke's Bay Motor Co Ltd v Russell |
| 释义 |
| name = Hawke's Bay Motor Co Ltd v Russell | court = Court of Appeal of New Zealand | date_filed = | image = Coat of arms of New Zealand.svg | date decided = | full name = Hawke's Bay Motor Company Limited v Russell | citations = [1972] NZLR 542 | judges = Beattie J | prior actions = | subsequent actions = | opinions = | transcripts = | Keywords = negligence }} Hawke's Bay Motor Co Ltd v Russell [1972] NZLR 542 is a cited case in New Zealand regarding liability in negligence, and the legal concept of res ipsa loquitur [1] BackgroundA bus owned by Hawkes Bay Motor Company was struck on a bend in a road by a car driven on the wrong side of the road by Russell. They later sued Russell for the cost of the damage, to which Russell successfully defended on the basis that he had blacked out due to a medical condition. HBMC appealed that under res ipsa loquitur, that due to the facts here, the onus of proof should be of Russell to prove the medical condition. HeldThe court ruled that this doctrine did not apply here. References1. ^{{cite book |title=Butterworths Student Companion Torts |edition=4th |last1=McLay |first1=Geoff |publisher=LexisNexis |ISBN=0-408-71686-X|year=2003 |page=}} {{NewZealand-case-law-stub}} 4 : Court of Appeal of New Zealand cases|1972 in case law|1972 in New Zealand law|New Zealand tort case law |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。