Practice Quiz

Paralegal Exam Prep

Category - Torts

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The doctrine of "last clear chance" holds that:
  1. Even though a plaintiff was contributorily negligent, the plaintiff can still recover if he or she can show that the defendant had the last opportunity to prevent the harm.
  2. A plaintiff who is contributorily negligent cannot recover damages from the defendant.
  3. A plaintiff that is less than 50% contributorily negligent can recover damages from the defendant.
  4. Even though a plaintiff was contributorily negligent, the plaintiff can still recover if he or she can show that he or she was the last person to try to prevent the harm.
  5. None of the above.
Explanation
Answer: A. The doctrine of "last clear chance" holds that even though a plaintiff was contributorily negligent, the plaintiff can still recover if he or she can show that the defendant had the last opportunity to prevent the harm. The last clear chance doctrine provides an exception to the contributory negligence defense. If it can be proven, then the plaintiff would be able to recover damages from the defendant.
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