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Davies V. Mann
''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. 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. The plaintiff had left the donkey on the side of the road while it was fettered, which was contributory negligence. However, the plaintiff was still allowed recovery. The court ruled that since the defendant had an opportunity to avoid the accident by driving with reasonable care (as opposed to driving too quickly at a "smartish pace"), the defendant's negligence really caused the accident. The doctrine became known as the "last clear chance" or "last opportunity rule" doctrine. If the defendant did not take the opportunity of using reasonable care to take the last clear chance to avoid injury, the contributory negligence of the plaintiff is not a b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exchequer Of Pleas
The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity (law), equity, a set of legal principles based on natural law and Common law#History, common law in England and Wales. Originally part of the , or King's Council, the Exchequer of Pleas split from the in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880. The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donkey (PSF)
The donkey or ass is a domesticated equine. It derives from the African wild ass, ''Equus africanus'', and may be classified either as a subspecies thereof, ''Equus africanus asinus'', or as a separate species, ''Equus asinus''. It was domesticated in Africa some years ago, and has been used mainly as a working animal since that time. There are more than 40 million donkeys in the world, mostly in underdeveloped countries, where they are used principally as draught or pack animals. While working donkeys are often associated with those living at or below subsistence, small numbers of donkeys or asses are kept for breeding, as pets, and for livestock protection in developed countries. An adult male donkey is a ''jack'' or ''jackass'', an adult female is a ''jenny'' or ''jennet'', and an immature donkey of either sex is a ''foal''. Jacks are often mated with female horses (mares) to produce '' mules''; the less common hybrid of a male horse (stallion) and jenny is a ''hinny ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
