Standard of Reasonable Care

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Mr.Throwback
Posts: 142
Joined: Sun May 19, 2013 3:42 pm

Standard of Reasonable Care

Postby Mr.Throwback » Mon Oct 21, 2013 9:40 pm

Ok so here's what I know about it.
Once you've established duty

Look at two components to see whether someone breached the standard of care
1) Know/ Should Know- What did this person actually know AND what should this person have known? Being ignorant of something important doesn’t help ∆. “I didn’t know light was red.” He SHOULD KNOW light was red. Using this knowledge we evaluate…
2) Action in light of knowledge- Reasonable in light of circumstances? Did it take sufficient regard for others foreseeably in danger?

Is this right? Does this determine breach? If so, do we use the hand formula to determine a breach for the standard of care?

Its just I feel like my professor laid it out strange.

User avatar
KD35
Posts: 948
Joined: Wed Apr 24, 2013 11:30 am

Re: Standard of Reasonable Care

Postby KD35 » Mon Oct 21, 2013 9:43 pm

Mr.Throwback wrote:Ok so here's what I know about it.
Once you've established duty

Look at two components to see whether someone breached the standard of care
1) Know/ Should Know- What did this person actually know AND what should this person have known? Being ignorant of something important doesn’t help ∆. “I didn’t know light was red.” He SHOULD KNOW light was red. Using this knowledge we evaluate…
2) Action in light of knowledge- Reasonable in light of circumstances? Did it take sufficient regard for others foreseeably in danger?

Is this right? Does this determine breach? If so, do we use the hand formula to determine a breach for the standard of care?

Its just I feel like my professor laid it out strange.



You also need to know if the person had some sort of specialized knowledge...eg. a doctor.

User avatar
brotherdarkness
Posts: 3254
Joined: Thu Nov 08, 2012 8:11 pm

Re: Standard of Reasonable Care

Postby brotherdarkness » Mon Oct 21, 2013 10:37 pm

.
Last edited by brotherdarkness on Fri Mar 28, 2014 2:50 pm, edited 1 time in total.

User avatar
SilvermanBarPrep
Posts: 69
Joined: Thu Aug 22, 2013 9:19 pm

Re: Standard of Reasonable Care

Postby SilvermanBarPrep » Tue Oct 22, 2013 2:56 pm

Exactly right, and the best way to think about it is the distinction b/w a subjective standard of care, and an objective standard of care. This distinction shows up in many areas of law outside of Torts. If the standard of reasonable care were subjective, then it would be true that if x did not know the light was red, then x did not breach the standard of care by going through the light, because going through a light that you believe to be green is reasonable from a subjective perspective.

But instead, an objective standard of care is used. Rather than asking whether x knew he was going through the light, we ask whether x knew or should have known. This allows for the possibility that although x did not know he was going through the light, he should have known because a reasonable person would have known. And so x still breaches his duty of care.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 9 guests