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- Last_clear_chance abstract "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 he is 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 is 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.The Restatement (Second) of Torts explains the doctrine in detail as follows:§ 479. LAST CLEAR CHANCE: HELPLESS PLAINTIFFA plaintiff who has negligently subjected himself to a risk of harm from the defendant's subsequent negligence may recover for harm caused thereby if, immediately preceding the harm,(a) the plaintiff is unable to avoid it by the exercise of reasonable vigilance and care, and(b) the defendant is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm, when he(i) knows of the plaintiff's situation and realizes or has reason to realize the peril involved in it or(ii) would discover the situation and thus have reason to realize the peril, if he were to exercise the vigilance which it is then his duty to the plaintiff to exercise.§ 480. LAST CLEAR CHANCE: INATTENTIVE PLAINTIFFA plaintiff who, by the exercise of reasonable vigilance, could discover the danger created by the defendant's negligence in time to avoid the harm to him, can recover if, but only if, the defendant(a) knows of the plaintiff's situation, and(b) realizes or has reason to realize that the plaintiff is inattentive and therefore unlikely to discover his peril in time to avoid the harm, and(c) thereafter is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm.The introduction of the doctrine is widely attributed to the English case of Davies v. Mann, 152 Eng. Rep. 588 (1842).".
- Last_clear_chance wikiPageID "2418652".
- Last_clear_chance wikiPageRevisionID "582114855".
- Last_clear_chance hasPhotoCollection Last_clear_chance.
- Last_clear_chance subject Category:Law_of_negligence.
- Last_clear_chance subject Category:Legal_doctrines_and_principles.
- Last_clear_chance subject Category:Tort_law.
- Last_clear_chance type Abstraction100002137.
- Last_clear_chance type Belief105941423.
- Last_clear_chance type Cognition100023271.
- Last_clear_chance type Content105809192.
- Last_clear_chance type Doctrine105943300.
- Last_clear_chance type LegalDoctrinesAndPrinciples.
- Last_clear_chance type PsychologicalFeature100023100.
- Last_clear_chance comment "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 he is 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 is to mitigate the harshness of the contributory negligence rule. The defendant can also use this doctrine as a defense.".
- Last_clear_chance label "Last clear chance".
- Last_clear_chance sameAs 명백한_회피_기회_원칙.
- Last_clear_chance sameAs m.07bq5k.
- Last_clear_chance sameAs Q6494787.
- Last_clear_chance sameAs Q6494787.
- Last_clear_chance sameAs Last_clear_chance.
- Last_clear_chance wasDerivedFrom Last_clear_chance?oldid=582114855.
- Last_clear_chance isPrimaryTopicOf Last_clear_chance.