Jurisprudence Commons^™

The "Last Clear Chance" Doctrine In The Federal Courts, Nedra Evans

Michigan Law Review

In analyzing the doctrine of "last clear chance," a qualification of the co.μtributory negligence rule, several questions must be considered. Perhaps the most important one is, (1) Does the court apply the doctrine of discovered peril or is it enough that defendant should have known, by the exercise of reasonable care, plaintiff's peril? (2) Is the doctrine of "last clear chance" confined to cases where the negligence of plaintiff has spent itself? (3) If the doctrine of undiscovered peril is followed for a licensee, will the court still apply the rule of discovered peril if plaintiff is a trespasser? (4) …