Standard of Reasonable Care
Posted: 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.
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.