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LSDefine

Simple English definitions for legal terms

last clear chance

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A quick definition of last clear chance:

The last clear chance doctrine is a legal rule used in cases where both the plaintiff and defendant are responsible for an accident that caused harm. It considers which party had the last opportunity to avoid the accident. If the defendant had the last clear chance to avoid the accident but failed to do so, a negligent plaintiff may recover damages. On the other hand, if the plaintiff had the last clear chance to avoid the accident but failed to do so, the defendant may use the doctrine as a defense. This rule allows for exceptions to contributory negligence laws and can be applied in cases where a plaintiff negligently subjected themselves to a risk caused by a defendant's subsequent negligence.

A more thorough explanation:

The last clear chance doctrine is a legal principle used in cases involving negligence. It applies when both the plaintiff and defendant are responsible for an accident that resulted in harm. The doctrine considers which party had the last opportunity to avoid the accident that caused the harm.

For example, in the case of Davies v. Mann, the plaintiff negligently tied his donkey near a road. The defendant hit and killed the donkey as he was riding his wagon along that road at a high speed. The plaintiff was able to recover against the defendant who killed the donkey because the defendant could have avoided the accident if he had used ordinary care. Although the plaintiff was negligent in leaving the donkey there, he was able to recover because the negligent defendant had the last clear chance to avoid the accident.

Under some circumstances, a plaintiff who has negligently subjected themselves to a risk caused by a defendant’s subsequent negligence may still recover. For example, if the plaintiff cannot avoid the harm by exercising reasonable vigilance and care, or the defendant negligently fails to utilize with reasonable care and competence his opportunity to avoid the harm.

The last clear chance doctrine is often seen as a type of exception or limitation to contributory negligence laws. A negligent plaintiff may recover damages if they can show that the defendant had the last clear chance to avoid the accident. A defendant may also use the doctrine as a defense by showing that the plaintiff had the last clear chance to avoid the accident.

last antecedent rule | last will and testament

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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.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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