Res Ipsa Liquitor
![handle is hein.journals/curletho11 and id is 12 raw text is: CURRENT LEGAL THOUGHT
violation. If the administrator brings such action, the buyer is thereafter barred
from bringing an action for the same violation.
The amendments, insofar as they relate to actions by buyers or by the ad-
ministrator, are applicable only with respect to violations occurring after the
date of enactment of the extension act. In cases where the administrator is the
only person entitled to bring. the action, the amendments are applicable with
respect to proceedings pending on the date of enactment or instituted thereafter.
License Suspension. In L. P. Steuart & Bro., Inc. v. Bowles, it was held that
the price administrator had the power under the Second War Powers Act to
prevent a person who has violated a rationing order from dealing in rationed
commodities. L. P. Steuart & Bro. v. Bowles, (U.S. 1944) 64 S. Ct. 1097. The
extension act provides that a person who has violated a price regulation or order
cannot be prevented from dealing in rationed commodities by a rationing
suspension order, although, of course, he may be prevented from dealing in the
commodity in connection with which a price violation occurred, by a license
suspension order under section 205 (f) (2) of the Price Control Act.
Review of Rationing Suspension Orders. The extension act adds a new
section 205(g), providing that district courts shall have exclusive jurisdiction
to enjoin or set aside in whole or in part orders for suspension of allocations,
and orders denying a stay of suspension, issued by the administrator under the
Second War Powers Act. An action to enjoin or set aside such orders shall be
brought within five days after the service thereof, and no suspension order shall
take effect within five days after it is served, or, if an application for a stay is
made to the administrator within such five-day period, until the expiration of
five days after service of an order denying the stay. No interlocutory relief
shall be granted against the administrator unless the applicant therefor consents
to the entry of an order enjoining him from violation of the regulation or order
involved. Section 108(e) of Extension Act.
RES IPSA LOQUITUR
by
MARK SHAIN *
Abstracted from 17 SOUTHERN CALIFORNIA LAW REvIEW 187, MARCH 1944
I. Basis and Nature of Doctrine
1. MEANING OF TERM: HISTORICAL DEVELOPMENT
The term res ipsa loquitur literally means: the things speaks [for] itself.
It refers to a doctrine of law, or, more specifically, a rule of evidence. In con-
nection with negligence cases, the application of the doctrine can be traced at
*LL.M.; Member of the Massachusetts Bar
11](ViewImageLocal?handle=hein.journals/curletho11&div=6&collection=&method=preview&ext=.png&size=3)
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Res Ipsa Liquitor
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