Res ipsa loquitur definition

Procedural Posture

Defendant employer challenged a judgment of the Superior Court for the City and County of San Francisco (California) in favor of plaintiff employee in the employee's breach of contract action against the employer.

Overview: res ipsa loquitur definition

The employee worked for the employee until his termination. The employee brought a breach of contract action against the employer claiming that he was discharged without cause prior to the expiration of his employment contract. The trial court entered a judgment in favor of the employee and awarded salary from the date of his discharge to the date of the expiration of his contract. The employer sought review, and the court affirmed. The court held that Cal. Civ. Code § 2012 gave rise to a presumption that the employment contract was renewed for the same period of time as the original contract because the employee and employer continued their master-servant relationship after the expiration of the contract. The difference in salary after the expiration of the original contract did not defeat the presumption because the contract provided that the salary was to be computed on a yearly basis.

Outcome

The court affirmed the judgment in favor of the employee in his breach of contract action against the employer.