Contributory negligence: At common law, the doctrine of contributory negligence applies. The doctrine provides that a plaintiff

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Contributory negligence: At common law, the doctrine of contributory negligence applies. The doctrine provides that a plaintiff who is negligent, and whose negligence is a proximate cause of his injuries, is totally barred from recovery.

Last Clear Chance: The doctrine of “Last Clear Chance” acts as a limit on the contributory negligence defense. If, just before the accident, D had an opportunity to prevent the harm, the existence of this opportunity (the last clear chance) wipes out the effect of P’s contributory negligence.

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Emanuel Law Outlines For Torts

ISBN: 201887

13th Edition

Authors: Steven L. Emanuel

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