The Full Wiki

More info on Last clear chance

Last clear chance: Wikis

Advertisements
  
  

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

From Wikipedia, the free encyclopedia

The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. Under this doctrine, a negligent plaintiff can nonetheless recover if they are able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the court adopting the doctrine, the underlying idea was to mitigate the harshness of the contributory negligence rule. The defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable. In the United States, Great Britain and Canada, this doctrine is mostly a historical curiosity, as the comparative negligence rule has displaced contributory negligence in almost every state.

Davies v. Mann- 152 Eng. Rep. 588 (1842)- This case introduced the doctrine.

Advertisements

Advertisements






Got something to say? Make a comment.
Your name
Your email address
Message