Asked by Isabella Rapone on May 19, 2024
Verified
What is the reasonable person standard? How is it applied to each of the following types of people?
a. Children
b. Persons with physical disabilities
c. Persons who are mentally retarded
d. Professional people with advanced degrees and training, such as doctors, lawyers, and accountants
e. Persons acting in emergency situations
f. Persons who violate statutory duties
Reasonable Person Standard
A legal benchmark used to determine how an average person would responsibly act in certain circumstances.
Physical Disabilities
Conditions that limit a person's physical capacity, ranging from mobility issues to dexterity or sensory impairments.
Emergency Situations
Circumstances that pose an immediate risk to health, life, property, or environment, requiring urgent intervention to prevent worsening of the situation.
- Understand the principles of the reasonable person standard and its implementation in different situations and among diverse individuals.
- Evaluate the importance of distinct standards of care, including those applicable to children, professionals, and persons in emergency contexts.
Verified Answer
CM
Celestine MbouhMay 23, 2024
Final Answer :
The "reasonable person" is a fictitious individual who is always careful and prudent and never negligent. The reasonable person is a standard of conduct which is external and objective.
a. Children must conform to the standard of a reasonable person of like age, intelligence, and experience under like circumstances.
b. The standard is that of a reasonable person under like disability.
c. A mentally retarded person is held to the standard of conduct of a reasonable person who is NOT mentally deficient.
d. Persons who practice a profession are held to the same care and skill normally possessed by members of their profession
e. Emergencies are taken into consideration.
f. If the statute is found to be applicable, the majority of courts hold that an unexcused violation is negligence per se ; that is, it is conclusive on the issue of negligent conduct.
a. Children must conform to the standard of a reasonable person of like age, intelligence, and experience under like circumstances.
b. The standard is that of a reasonable person under like disability.
c. A mentally retarded person is held to the standard of conduct of a reasonable person who is NOT mentally deficient.
d. Persons who practice a profession are held to the same care and skill normally possessed by members of their profession
e. Emergencies are taken into consideration.
f. If the statute is found to be applicable, the majority of courts hold that an unexcused violation is negligence per se ; that is, it is conclusive on the issue of negligent conduct.
Learning Objectives
- Understand the principles of the reasonable person standard and its implementation in different situations and among diverse individuals.
- Evaluate the importance of distinct standards of care, including those applicable to children, professionals, and persons in emergency contexts.