All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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75.

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

The answer is: A

Explanation

The correct option is A: Davies Vs Mann.

The rule of last opportunity was laid down in this case by the court of Exchequer in 1842. The rule states that when an accident happens through the combined negligence of two persons, he alone is liable to the other who had the last opportunity of avoiding the accident by reasonable care.

In Davies Vs Mann, the plaintiff left his donkey on a highway with its forelegs fettered, and the defendant drove his wagon too fast and ran over the donkey, killing it. The court held that the plaintiff was entitled to compensation, because the defendant had the last opportunity to avoid the accident by driving more carefully. The rule of last opportunity was later modified by the Law Reform (Contributory Negligence) Act, 1945, which introduced the concept of apportionment of liability according to the degree of fault of both parties.