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Last Clear Chance Rule, Final Report 75


This report recommends that the Contributory Negligence Act (CNA) be amended to abolish the common-law rule known as the “last clear chance” rule. The “last clear chance” rule applied where both the contributory negligence of a plaintiff and the fault of a defendant caused loss to the plaintiff and where one of the them had a “last clear chance” to avoid the effect of the other’s fault and failed to do so. If the defendant was the […]

AREA OF LAW Constitutional and Public Law
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FORMAT Publications
FILE fr75.pdf

August 29, 1997

Contributory Negligence and Concurrent Wrongdoers, Final Report 31


The Contributory negligence Act and the Tortfeasors Act are valuable pieces of law reform and have made fundamental improvements in tort law. However, there are some gaps in the Acts that give rise to problems of interpretation. This report examines the Acts in order to reconcile them, to clarify them, to fill in any gaps, and to consider whether or not their principles should be extended to cases not currently included within them. This report […]

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FORMAT Publications
FILE fr031.pdf

April 1, 1979