Simple English definitions for legal terms
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Clear chance is a rule in tort law that allows a plaintiff who was partially at fault for an accident to still recover damages from the defendant if the defendant had the last opportunity to prevent the harm but failed to do so. This means that if the defendant's negligence occurred after the plaintiff's, the plaintiff may still be able to recover compensation. It is also known as the last-clear-chance doctrine, discovered-peril doctrine, humanitarian doctrine, last-opportunity doctrine, subsequent-negligence doctrine, or supervening-negligence doctrine.
Definition: Clear chance refers to the last-clear-chance doctrine in tort law. This rule allows a plaintiff who was partially responsible for their own harm to still recover damages from the defendant if the defendant had the final opportunity to prevent the harm but failed to do so with reasonable care. This means that if the defendant's negligence occurred after the plaintiff's, the plaintiff can still hold the defendant liable.
Examples:
These examples illustrate how the last-clear-chance doctrine can provide a way for plaintiffs to recover damages even if they were partially responsible for their own harm. As long as the defendant had a clear chance to prevent the harm and failed to do so, they can still be held liable under this doctrine.