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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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lilypadfrog
12:59
we did it reddit
13:00
@atwatodbit: haha ty wishing you the best as well
cumsock
13:00
careful! i graduated from reddit university
13:00
@texaslawhopefully: another day another missed wave??
lilypadfrog
13:01
what if I started using redditisms
lilypadfrog
13:01
thank you kind stranger for the gold
Trismegistus
13:01
do all my hopes and dreams and sanity rest on chicago now
texaslawhopefully
13:01
@sadpadresfan: prolly. My only hope is my last name is towards the end of the alphabet
lilypadfrog
13:01
i hope u guys would put me down like a dog that bit a baby
Trismegistus
13:02
@texaslawhopefully: i saw 3/4 down alphabet then 30- mins later 1/2 down alphabet
texaslawhopefully
13:02
so they're still calling?
Trismegistus
13:03
that i dont know
KeenHeartbreakingRattlesnake
13:03
the Penn e wave is about to cook me
atwatodbit
13:03
@sadpadresfan: did you get your Cornell scholly with your A at the same time? I think they gave me nothing...
lilypadfrog
13:04
tex also got cornell scholly ask him
texaslawhopefully
13:04
there's a form you fill out
texaslawhopefully
13:04
and they'll get back to you within a few days
13:04
@atwatodbit: they emailed me a day after submitting the form
atwatodbit
13:05
ah ok, i've seen that, just need to get parental info then. just making sure
13:05
Feeling fortunate and its my top choice as of now haha
lilypadfrog
13:06
what if you fill this out and you haven’t been admitted? just a next level move? they probably have to let you in then
PerpetualCheerfulBeaver
13:06
I applied to all my places in late september and am still waiting to hear back. ive missed all three types of waves (WL,R,A) am i screwed??
texaslawhopefully
13:07
Your guess is as good as mine. I'm in the same boat for most schools
Trismegistus
13:07
begging chicago for an A
atwatodbit
13:08
the vast majority of the t14 has not hit 50% of their As, many have not even hit 25%. zero reason for panic
PerpetualCheerfulBeaver
13:08
Thank you texas!
choosingpeace
13:08
missing CLS and Penn waves im so screwed
choosingpeace
13:08
i applied early too i hate everything im crashing out im crashing OUT
PerpetualCheerfulBeaver
13:08
I literally have no experience in this type of stuff, but if i get waitlisted, should i send an email about continued interest?
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