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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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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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