last clear chance

last clear chance
The doctrine 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 plaintiff's negligence. 38 Am J1st Negl § 215. The principle that a collision of vessels is attributed to the fault of the vessel which had the last clear chance to avoid the collision. 48 Am J1st Ship § 230. The practical import of the doctrine is that a negligent defendant is held liable to a negligent plaintiff, or even to a plaintiff who has been grossly negligent in placing himself in peril, if the defendant, aware of the plaintiff's peril, or, according to some but not all authorities, although unaware of the plaintiff's peril, reasonably in the exercise of due care should have been aware of it, had in fact a later opportunity than the plaintiff to avoid an accident. Anno: 92 ALR 50, s. 119 ALR 1044; 7 Am J2d Auto § 376.

Ballentine's law dictionary. . 1998.

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  • last clear chance — n: a doctrine in the law of negligence: the contributory negligence of a plaintiff in putting himself or herself in peril will not bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care… …   Law dictionary

  • Last clear chance — Tort law Part of the …   Wikipedia

  • last clear chance doctrine — n. The doctrine that a plaintiff who committed contributory acts of negligence may nonetheless recover damages against a defendant who had the last opportunity in time to avoid the damage. Very limited applicability in most states. Webster s New… …   Law dictionary

  • last clear chance doctrine — This doctrine permits a plaintiff in a negligence action to recover, notwithstanding his own negligence, on a showing that the defendant had the last clear chance to avoid the accident. Jarrett v. Madifari, 67 A.D.2d 396, 415 N.Y.S.2d 644, 649.… …   Black's law dictionary

  • last clear chance doctrine — This doctrine permits a plaintiff in a negligence action to recover, notwithstanding his own negligence, on a showing that the defendant had the last clear chance to avoid the accident. Jarrett v. Madifari, 67 A.D.2d 396, 415 N.Y.S.2d 644, 649.… …   Black's law dictionary

  • last clear chance — noun : a doctrine in English and American law of negligence: contributory negligence of the plaintiff will not bar his action if the defendant had a clear chance of avoiding inflicting injury had he exercised due care …   Useful english dictionary

  • clear chance — A clear chance to avoid accident within meaning of last clear chance doctrine involves the element of sufficient time to appreciate peril of the party unable to extricate himself therefrom, and to take necessary steps to avoid injuring him.… …   Black's law dictionary

  • clear chance — A clear chance to avoid accident within meaning of last clear chance doctrine involves the element of sufficient time to appreciate peril of the party unable to extricate himself therefrom, and to take necessary steps to avoid injuring him.… …   Black's law dictionary

  • Last Chance — may refer to: Last Chance (Mars), a rock outcrop on the planet Mars Last Chance (Ginuwine song) Last Chance , a song by Level 42 from The Pursuit of Accidents Last Chance , a song by Maroon 5 from Hands All Over Last Chance , a song by Moke from… …   Wikipedia

  • clear — adj 1: unencumbered by outstanding claims or interests a search showed the title was clear 2: free from doubt or ambiguity Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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