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What Is the Last Clear Chance?

The last clear chance refers to the doctrine found in civil law that explains that for instance that a plaintiff is accused by a defendant of a certain violation or crime but after looking deeper on the event, shows a proof that the so called victim could have avoided what happened if he or she would just choose to or if he or she thought of an action that would stop the danger coming. In every violation or crime, there are two people involved, one is the plaintiff and another is the defendant; defendants may vary accordingly to how they acted on a certain incident. Classifications of defendants are as follows: inattentive and observant. These two differ in certain ways and one main difference is the intention showed in the event by the defendant.

Observer defendants are those who already saw the danger coming but choose not to avoid it. They still let the violation of the law happen though they could make a step on stopping it. These are also the ones who blame other people also found in the area with their own mistakes and try to make other people suffer and be liable for their selfish actions. On the other hand, the other kind of defendant is the inattentive. Inattentive defendants are the ones who didn’t see the danger coming and due to carelessness, the accident or violation happened. Last clear chance doctrine is usually applicable to the observer defendant alone. This goes to show that one would encounter different people this is why investigation is most needed.

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