Defenses: Last Clear Chance

Question 1

Doctrine of Last Clear Chance

(PURE)

Picart v. Smith

Answer 1

Where both parties are guilty of negligence, but the negligent act of one succeeds that of the other by an appreciable interval of time, the one who has the last reasonable opportunity to avoid the impending harm and fails to do so is chargeable with the consequences, without reference to the prior negligence of the other party.

When a traveler has reached a point where he cannot extricate himself and vigilance on his part will not avert the injury, his negligence in reaching that position becomes the condition, not the proximate cause of the injury and will not preclude recovery.

Question 2

Anticipation of impending harm

Answer 2

No reason to anticipate the impending danger = last clear chance does not apply

Must have preceding negligence!

Question 3

Doctrine of Last Clear Chance does not apply

Achevera v. Ramos

Answer 3

Doctrine does not apply where the party charged is required to act instantaneously, and the injury cannot be avoided by the application of all means at hand after the peril is or should have been discovered.

No longer had opportunity to avoid collision.