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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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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
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the devil
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20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
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22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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