Doctrine of Last Clear Chance Flashcards
1
Q
What is the doctrine of last clear chance?
A
The doctrine of last clear chance states that where both parties are negligent but the negligent act of one is appreciably later than that of the other, or where it is impossible to determine whose fault or negligence caused the loss, the one who had the last clear opportunity to avoid the loss but failed to do so, is chargeable with the loss. The antecedent negligence of plaintiff does not preclude him from recovering damages caused by the supervening negligence of defendant, who had the last fair chance to prevent the impending harm by the exercise of due diligence.
(PNR v. Brunty, G.R. No. 169891, November 2, 2006)
