Question

The Rule of Last opportunity was Laid down in :-

• A. Davies Vs Manh
• B. State of A.P. Vs Ranganna
• C. Nugent Vs Smith.
• D. Kalawati Vs state of HP

Hint:

The 'Last Opportunity Rule' comes from the "donkey case," {Davies v. Mann}. It's a counter-argument to a contributory negligence claim, essentially saying, "Yes, I was negligent, but you had the last chance to avoid the harm and failed to take it."

Answer 1

The Correct Option is A

The "Rule of Last Opportunity" or "Last Clear Chance" is a doctrine related to the defence of contributory negligence. It states that even if the plaintiff was negligent, the defendant will still be held liable if they had the last clear opportunity to avoid the accident despite the plaintiff's negligence. This rule was established in the English case of Davies v. Mann (1842). In that case, the plaintiff had negligently left his donkey fettered on a highway, and the defendant, driving his wagon too fast, ran over and killed it. The defendant was held liable because he had the last opportunity to avoid the accident.