Negligence (1b) SOC

Question 1

Default SOC: Reasonable Person

Answer 1

How a RP would act under similar circumstances

Question 2

Relevant Cicumstances (4)

What the jury can consider

Answer 2

Danergous Instrumentalites
Emergencies
Superior Skills & Expierence

Dangerous Instrumentality: higher level of SOC required – less things reasonable
Emergency: more things reasonable
Superior skills, experience, or knowledge: consider how RP with these superior skills, experience, or knowledge would have acted

Question 3

Relevant Cicumstances (2)

What the jury cannot consider

Answer 3

Unreasonably unintelligence
Mental Disability

Question 4

Special SOC

Child SOC

Answer 4

How a reasonable kid of same age/experience/and intelligence would have acted under similar circumstances

• If kid is doing an ‘adult activity’ can be held to RP SOC

Question 5

Special SOC

Professional SOC

Answer 5

how a reasonable professional, exercising the level of skill and knowledge common to the profession, would have acted under similar circumstances

Individual’s training or expierence DOES NOT matter

Professionals are compared to the reasonable professional, DOES NOT vary based on the individual’s training and experience

Question 6

Special SOC

Doctor SOC

Answer 6

how a reasonable doctor (in same community) exercising that level of skill and knowledge common to the profession, would have acted under similar circumstances

Question 7

Physical disability

Answer 7

consider how RP with same physical disability would have acted