The effect of breach depends on whether the contract is indivisible (whole performance condition precedent) or divisible (partial performance binds pro tanto). The test is whether…

Res ipsa loquitur is not a rule of law but describes evidence from which negligence may be inferred. It is a rule of evidence affecting onus,…

Res ipsa loquitur means the accident's nature is more consistent with negligence by the defendant than other causes, making the accident prima facie evidence of negligence.…

Reliance on res ipsa loquitur is a confession that the plaintiff has no direct evidence of negligence. It will not apply where facts are equally consistent…

The doctrine of res ipsa loquitur comes into operation: (1) on proof of an unexplained occurrence; (2) when the occurrence would not have happened without somebody's…

Res ipsa loquitur merely shifts the burden of proof on a defendant. A defendant may escape liability by showing he was not at fault or the…

Neither the Judge nor the parties are permitted to go outside the pleading relied upon by the parties. In a negligence action, a plaintiff must plead…

An appellate court should be wary to set aside trial court findings where the trial court saw and heard witnesses. But where the trial court failed…

An indispensable condition for conduct being admissible in estoppel is that it must be performed with knowledge of the material facts. Conduct without inquiry or knowledge…

If a man by words or conduct wilfully causes another to believe in a false state of facts, and the second believes and acts upon it,…

Where property is conveyed in the name of someone other than the purchaser, a resulting trust arises. This does not arise where the relationship raises a…

Subsequent declarations and acts by the father are inadmissible in evidence to rebut the presumption of advancement. Similar dealings or the course of business practice that…