Tort law: Negligence - Standard of care

Law School

In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.

The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person. It was famously described in Vaughn v Menlove (1837) as whether the individual "proceed with such reasonable caution as a prudent man would have exercised under such circumstances'.

2020-09-01 12 min

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