The Doctrine of Last Clear Chance – Should It Survive the Adoption of Comparative Negligence in Texas?
Johnson, Philip W.
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Focuses on the doctrine of last clear chance by looking at its origin and the justification of such law. Should the doctrine of last clear change be affected by the adoption of comparative negligence in Texas? The author concludes that discovered peril should no longer be available as a theory of recovery in Texas negligence actions because its purpose has disappeared.