Torts II

Last Clear Chance

Under the last clear chance doctrine, when both sides' negligence contributed to an accident, the party that had the last clear chance to avoid the accident is the one that is liable.

It was created in Davies v. Mann.

If used, it changes the rule of contributory negligence by only considering the plaintiff negligent when he was the one with the last clear chance to avoid the accident.

It is codified in the Restatement Second of Torts §§ 479–480.