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    What Does The Doctrine of Last Clear Chance Enunciate

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    Gela Bea Barrios
    The Doctrine of Last Clear Chance states that a plaintiff's negligence does not preclude recovery from a defendant's negligence if the defendant, through reasonable care, could have avoided harming the plaintiff despite their negligence. The doctrine assumes negligence by both parties, with the defendant having the last opportunity to prevent harm through due diligence, making the defendant's failure to exercise such care the proximate cause of the loss or injury.

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    What Does The Doctrine of Last Clear Chance Enunciate

    Uploaded by

    Gela Bea Barrios
    30 views1 page
    The Doctrine of Last Clear Chance states that a plaintiff's negligence does not preclude recovery from a defendant's negligence if the defendant, through reasonable care, could have avoided harming the plaintiff despite their negligence. The doctrine assumes negligence by both parties, with the defendant having the last opportunity to prevent harm through due diligence, making the defendant's failure to exercise such care the proximate cause of the loss or injury.

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    What Does the Doctrine of Last Clear Chance Enunciate

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    What Does the Doctrine of Last Clear Chance Enunciate

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    The Doctrine of Last Clear Chance states that a plaintiff's negligence does not preclude recovery from a defendant's negligence if the defendant, through reasonable care, could have avoided harming the plaintiff despite their negligence. The doctrine assumes negligence by both parties, with the defendant having the last opportunity to prevent harm through due diligence, making the defendant's failure to exercise such care the proximate cause of the loss or injury.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views1 page

    What Does The Doctrine of Last Clear Chance Enunciate

    Uploaded by

    Gela Bea Barrios
    The Doctrine of Last Clear Chance states that a plaintiff's negligence does not preclude recovery from a defendant's negligence if the defendant, through reasonable care, could have avoided harming the plaintiff despite their negligence. The doctrine assumes negligence by both parties, with the defendant having the last opportunity to prevent harm through due diligence, making the defendant's failure to exercise such care the proximate cause of the loss or injury.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    What does the Doctrine of Last Clear Chance enunciate?

    The doctrine of last clear chance, stated broadly, is that the negligence
    of the plaintiff does not preclude a recovery for the negligence of the
    defendant where it appears that the defendant, by exercising reasonable
    care and prudence, might have avoided injurious consequences to the
    plaintiff notwithstanding the plaintiffs negligence. The doctrine
    necessarily assumes negligence on the part of the defendant and
    contributory negligence on the part of the plaintiff, and does not apply
    except upon that assumption. Stated differently, the antecedent
    negligence of the plaintiff does not preclude him from recovering
    damages caused by the supervening negligence of the defendant, who
    had the last fair chance to prevent the impending harm by the exercise
    of due diligence. Moreover, in situations where the doctrine has been
    applied, it was defendants failure to exercise such ordinary care, having
    the last clear chance to avoid loss or injury, which was the proximate
    cause of the occurrence of such loss or injury.

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