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In nineteenth-century English negligence law, what did the historical last opportunity rule allow where…

Davies v. Mann illustrates the historical last opportunity rule. Earlier carelessness by the claimant did not bar recovery where the defendant could still have avoided the…

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In nineteenth-century English negligence law, what did the historical last opportunity rule allow where a claimant’s earlier carelessness created a danger and the defendant could still avoid the accident by ordinary care?

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Correct answer B

Davies v. Mann illustrates the historical last opportunity rule. Earlier carelessness by the claimant did not bar recovery where the defendant could still have avoided the collision by ordinary care.

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Option A

The historical rule could allow recovery despite the claimant’s earlier carelessness.

Option B

Davies v. Mann illustrates recovery where the defendant could still have avoided the collision by exercising ordinary care.

Option C

An opportunity to avoid the accident by ordinary care is material to the historical rule.

Option D

The historical rule was not a formula for dividing the loss equally.

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