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Davies v. Mann, 152 Eng. Rep. 588 (1842), was an English case that contained the first formulation of the "last clear chance" or “last opportunity rule” doctrine in negligence law. [2] The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it.
Last Clear Chance is a 1959 American short film produced and directed by Robert Carlisle. Sponsored by the Union Pacific Railroad , Last Clear Chance is a safety film intended to warn young drivers to be careful at railroad crossings.
Last clear chance; Last injurious exposure rule; Law of the case; ... Living tree doctrine; Loss of chance in English law; M. Mailbox rule; Major questions doctrine;
The avoidable consequences rule is a concept in United States jurisprudence which comes from a common-law rule barring recovery of damages that a tort victim "could have avoided by the use of reasonable effort or expenditure after the commission of the tort."
The UCFA seeks to establish an apportionment of liability that is more flexible than the all-or-nothing approaches of the contributory negligence and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence on behalf of the plaintiff, and multiple tortfeasors held joint and several ...
Hand stated: [T]he owner's duty, as in other similar situations, to provide against resulting injuries is a function of three variables: (1) The probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions.
The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. [3] The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own negligence undermined their argument that the defendant was the proximate cause of the injury. [3]
A related doctrine is the insurance law doctrine of efficient proximate cause. Under this rule, in order to determine whether a loss resulted from a cause covered under an insurance policy , a court looks for the predominant cause which sets into motion the chain of events producing the loss, which may not necessarily be the last event that ...