Asked by Jordan Pollock on Apr 28, 2024
Verified
Which of the following is not a consideration when courts attempt to determine whether a reasonable person would have owed a duty of care to others?
A) The likelihood of harm.
B) The severity of the harm.
C) How socially beneficial the defendant's conduct was which posed the risk of harm.
D) The intent of the defendant to cause the harm experienced by the plaintiff.
E) The costs which would have been necessary to reduce the risk of harm.
Reasonable Person
A hypothetical individual used as a legal standard to determine the appropriateness of an action in light of what a typical person would deem reasonable under similar circumstances.
Duty Of Care
Duty of care refers to the legal obligation to ensure the safety or well-being of others while performing any acts that could foreseeably harm them.
Severity Of The Harm
An assessment of the extent of damage or injury inflicted, used in determining liability and damages in legal cases.
- Comprehend the legal structure and considerations concerning claims of negligence, which include the concept of risk assumption, comparative negligence, and the obligation of care.
Verified Answer
MB
Manon BlaisMay 04, 2024
Final Answer :
D
Explanation :
The intent of the defendant to cause harm is not a primary consideration when determining the duty of care in negligence cases. The focus is on whether the defendant's actions were reasonable and if they owed a duty of care to avoid causing harm, not on their intent to cause harm.
Learning Objectives
- Comprehend the legal structure and considerations concerning claims of negligence, which include the concept of risk assumption, comparative negligence, and the obligation of care.