Question
Subject: Law of Torts (Breach of Duty) the standard of care can be divided into two, one for the ordinary person and another for the
Subject: Law of Torts (Breach of Duty)
the standard of care can be divided into two, one for the ordinary person and another for the professional person
for the ordinary person, we want to know whether a reasonable man under the circumstances would do or would commit such things given the knowledge at the time. personal characteristics of such a person would not be taken into account.
courts will look at the circumstances and decide whether a reasonable man under such circumstances would do such a thing?
If things are naturally dangerous, one should be more careful, if it were going to cause harm, should we allow it to happen?
have we taken enough precautions to prevent such things from happening?
is it foreseeable that such harm would occur had we not take enough precautions?
Is the level of intelligence and/or knowledge important to determine whether one's action falls below the required standard of care?
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