Res ipsa loquitor and Doctrine of last chance

Question 1

Doctrine of last chance

Answer 1

Doctrine of last chance
1. Both parties are negligent but the negligent act of one is appreciably later in point of time than that of the other one;

2. Where it is impossible to determine whose fault or negligence brought about the occurrence of the incident;
3. The one who had the last clear opportunity to avoid the impending harm, failed to do so.

Question 2

Res ipsa loquitur

Answer 2

Res ipsa loquitur
1. the accident is of a kind which does not ordinarily occur unless someone is negligent;

2. the cause of the injury was under the exclusive control of the person in charge and;
3. the injury suffered must not have been due to any voluntary action or contribution on the part of the person injured.