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Torts

Contributory Negligence- The Last Opportunity Rule
Torts

Contributory Negligence- The Last Opportunity Rule

“Res ipsa loquitur”Things speak for themselves. INTRODUCTION: The above-mentioned maxim means that in a tort lawsuit a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. In general, the term negligence means “mere carelessness”. The person who is filing a suit is called a ‘plaintiff’ and the person against whom it has been filed is called a ‘defendant’. To call an act as an act of negligence the following three conditions must have been fulfilled and the plaintiff must be able to prove the same in the Court of Law. The defendant owed a duty of care to the plaintiff,The defendant has made a breach of duty, andThe plaintiff should have suffered some kind of damage. The above discussed rules ...