09/11/2024
The “doctrine of last clear chance” provides that where both parties are negligent but the negligent act of one is appreciably later in point of time than that of the other, or where it is impossible to determine whose fault or negligence brought about the occurrence of the incident, the one who had the last clear opportunity to avoid the impending harm but failed to do so, is chargeable with the consequences arising therefrom. Stated differently, the rule is that the antecedent negligence of a person does not preclude recovery of damages caused by the supervening negligence of the latter, who had the last fair chance to prevent the impending harm by the exercise of due diligence. [Cebu Shipyard & Eng’g Works, Inc. v. William Lines, Inc., 366 Phil. 439, 451 (1999)]
Ang drayber ba ng van o ang rider ng motorsiklo ang may huling pagkakataon na maiwasan ang aksidente?
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