Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

last clear chance

Read a random definition: apparatus limitation

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
LSD+ is ad-free, with DMs, discounts, case briefs & more.