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Reference: Volume 32B (1946), Part No. 1, Section 1, Page 440
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Judgement Details
Date
02/12/1946
Court
OF APPEAL (CIVIL, SUPERIOR)
Judiciary
BORG GORG, CAMILLERI LUIGI A., GANADO E.
Parties
NOTARY DR. ROSARIO FRENDO RANDON vs LEWIS SMITH
ECLI
N/A
Judgement Type
-
Linked Case
N/A
Keywords / Summary
Summary
The doctrine of Last Opportunity is an important factor for the Courts of Law in determining responsibility in cases of collision. But there must always be a substantial interval of time between theinitial negligence of either of the parties and the negligence which was the proximate cause of theinjury. If there has been no such interval of time, and both parties are to blame, then each partymust assume responsibility in proportion to its contributory negligence.
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