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Which one of the following cases is not related with "contributory negligence" ?

  • A.Butlerfield Vs. Forrester (1809) 11 East 60
  • B.Davies Vs. Mann, (1882) 10 M&W 546
  • C.Rural transport service Vs. Bezlum Bibi AIR 1980 Cal 165
  • D.Beared Vs. London General Omnibus Co. (1900)2 Q B 530

Answer: D

The case not related to contributory negligence is Beard v. London General Omnibus Co. (printed 'Beared').

In Beard (1900), a bus conductor drove the bus in the driver's absence and injured the plaintiff. The company was not held liable because driving was outside the conductor's employment, so the case is about vicarious liability.

The others are contributory negligence cases. Butterfield v. Forrester (1809) first barred a plaintiff who was himself negligent, Davies v. Mann (1842) introduced the last opportunity rule, and Rural Transport Service v. Bezlum Bibi (1980) held a bus company liable to a roof passenger who was not himself negligent.

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