Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.
Standard of care
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.[1] 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; this is sometimes labeled as the "reasonable physician standard". It was famously described in Vaughn v. Menlove (1837) as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances".
- ^ "Baltimore & Ohio R. Co. v. Goodman, 275 U.S. 66". United States Reports. 275. Supreme Court of the United States: 66. October 31, 1927.
In an action for negligence, the question of due care is not left to the jury when resolved by a clear standard of conduct which should be laid down by the courts.
Previous Page Next Page
