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Sir, generally it is for the claimant to prove that the defendant was in
breach of the duty of care.
Exceptionally the defendant will have to prove that he was not negligent. This
will only occur if:
• the harm would not have normally happened if proper care were taken
• there is no other explanation for what has occurred, known as res ipsa
loquitor, the thing that speaks for itself
• the defendant was in control of the situation and the victim was not.My question is that do all the above 3 conditions need to be satisfied?
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