TERMIUM Plus®

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LAST OPPORTUNITY DOCTRINE [1 record]

Record 1 1988-06-29

English

Subject field(s)
  • Tort Law (common law)
DEF

The doctrine that the person with last clear chance to avoid the accident, damage or injury to another is liable. A defendant may be liable in negligence, notwithstanding the plaintiff's contributory negligence, if he was aware of the plaintiff's negligence and did not exercise due care in avoiding it.

DEF

A doctrine which permits full recovery to a plaintiff notwithstanding his own negligence if the defendant had the last opportunity of avoiding the accident but negligently failed to avail himself of it.

French

Domaine(s)
  • Droit des délits (common law)

Spanish

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