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Simple English definitions for legal terms

discovered-peril doctrine

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A quick definition of discovered-peril doctrine:

The discovered-peril doctrine, also known as the last-clear-chance doctrine, is a rule in tort law that allows a plaintiff who was partially at fault for their own harm 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 even if the plaintiff was negligent, if the defendant had a chance to avoid the harm and didn't take reasonable care to do so, they can still be held liable. This doctrine is used in some jurisdictions where contributory negligence completely bars recovery.

A more thorough explanation:

The discovered-peril doctrine is also known as the last-clear-chance doctrine. It is a rule in tort law that allows a plaintiff who was partially at fault for their own injury to still recover damages from the defendant if the defendant had the last opportunity to prevent the harm but failed to do so.

For example, if a pedestrian is jaywalking and gets hit by a car, the pedestrian may be partially at fault for their own injuries. However, if the driver of the car saw the pedestrian but failed to take reasonable action to avoid hitting them, the driver may still be held liable for the pedestrian's injuries under the discovered-peril doctrine.

This doctrine is used in jurisdictions where contributory negligence completely bars recovery. It allows the plaintiff to rebut the contributory negligence defense if the defendant's negligence is later in time than the plaintiff's.

disconvenable | discovert

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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