Compare the section from materials on Torts and the model student
answer from the Maryland bar exam:
From The Sullivan Method section on Torts:
What is the
doctrine of last clear chance? When is it most likely
to be used? Which party can assert it?
The doctrine of
last clear chance acts to take the "sting" out of
contributory negligence. It states that the plaintiff will
be able to
recover from the defendant despite being contributorily negligent
if the
plaintiff can show that the defendant had the "last clear
chance" to avoid
the accident.
Compare the above answer with the Model Answer to February
2002 Maryland Bar
Exam Question # 10, A(ii):
"However, to take the sting out of the harsh consequences
of contributory
negligence, there is the doctrine of last clear chance."
|