Q: Write about onus of proving negligence ?

Ans: As a rule, the onus of proving negligence is on the plaintiff. He must not merely establish the facts of the defendant's negligence and of his own damage, but must show that the one was the effect of the other. There are, however, certain cases when the plaintiff need not prove that and the inference of negligence is drawn from the facts. Thus, direct evidence of the negligence is not always necessary and the same may be inferred from the circumstances of the case. There is a presumption of negligence according to the Latin maxim 'res ipsa loquitur' which means the thing speaks for itself.

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