Last clear chance

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Scales of justice
Tort law
Part of the common law series
Intentional torts
Assault · Battery
False imprisonment Consent · Necessity
Self defense
Property torts
Trespass (land · chattels)
Conversion
Detinue · Replevin · Trover
Dignitary torts
Defamation · Invasion of privacy
False light · Breach of confidence
Abuse of process
Malicious prosecution
Alienation of affections
Economic torts
Fraud · Tortious interference
Conspiracy · Restraint of trade
Nuisance
Public nuisance
Rylands v. Fletcher
Negligence
Duty of care · Standard of care
Proximate cause · Res ipsa loquitur
Calculus of negligence
Rescue doctrine · Duty to rescue
Specific types Employment-related · Entrustment
Malpractice (legal · medical)
Duty to visitors
Trespassers · Licensees · Invitees
Attractive nuisance
Strict liability torts
Product liability
Ultrahazardous activity
Liability, defences, remedies
Comparative / contributory negligence
Last clear chance · Eggshell skull
Vicarious liability · Volenti non fit injuria
Ex turpi causa non oritur actio
Neutral reportage · Damages
Injunction
Other common law areas
Contract law · Property law
Wills, trusts and estates
Criminal law · Evidence
v  d  e

The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. Under this doctrine, a negligent plaintiff can nonetheless recover if they are able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the court adopting the doctrine, the underlying idea was to mitigate the harshness of the contributory negligence rule. The defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable. In the United States, Great Britain and Canada, this doctrine is mostly a historical curiosity, as the comparative negligence rule has displaced contributory negligence in almost every state.

Wikipedia content modification information:

  • This page was last modified on 9 September 2008, at 14:16.

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