Last Clear Chance: A Defense To A Defense

Abstract

This case problem will provide the student with the familiarity that they will need for the concepts of contributory negligence and last clear chance.  It should also be noted that the concept of last clear chance is on the wane as a legal maxim. It is applicable in states that still use the legal defense of contributory negligence. Whereas in other states, which constitute the majority, the courts apply the concept of comparative negligence, which apportions the monetary damages given by the fact finder. There may be other considerations depending upon the country of the legal action, as this case study is based solely on United States laws.