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Simple English definitions for legal terms
peril
Read a random definition: tutor testamentarius
A quick definition of peril:
Peril means being in danger of getting hurt, losing something important, or suffering damage. It's like being in a risky situation where bad things could happen. Sometimes, we can't avoid danger without someone else's help. For example, if someone is driving recklessly and we can't get out of the way, we might need them to stop to avoid getting hurt. In some cases, even if we did something wrong, we can still ask for help if the other person had the last chance to prevent harm but didn't do anything to stop it. This is called the last-clear-chance doctrine.
A more thorough explanation:
Definition: Peril refers to the exposure to the risk of injury, damage, or loss. It is a danger that one cannot avoid without another's help.
Example: The perils of driving without a seatbelt include the risk of serious injury or death in the event of an accident.
Explanation: This example illustrates how driving without a seatbelt exposes a person to the risk of injury or death, which is a peril. It also shows how the danger can be avoided by using a seatbelt.
Last-Clear-Chance Doctrine: This is a legal rule that applies in some cases of negligence. It states that a plaintiff who was partially responsible for their own harm can still recover damages from the defendant if the defendant had the last opportunity to prevent the harm but failed to do so. This doctrine allows the plaintiff to rebut the defense of contributory negligence.
Example: If a pedestrian is jaywalking and gets hit by a car, but the driver had a clear chance to avoid hitting them and failed to do so, the driver may still be held liable for the pedestrian's injuries under the last-clear-chance doctrine.
Explanation: This example shows how the last-clear-chance doctrine applies in a situation where both the pedestrian and the driver were partially responsible for the accident. The doctrine allows the plaintiff (the pedestrian) to recover damages from the defendant (the driver) because the defendant had the last opportunity to prevent the harm but failed to do so.