Negligence - Reasonable Care and Utility: The Hand Formula Flashcards
1
Q
When does a person act negligently?
A
A person acts negligently if they do not exercise reasonable care under all the circumstances. A person’s negligence can be (a) the doing of some act that a reasonably careful person would not do under the same or similar circumstances – such as turning left in front of an oncoming car or driving at an unreasonable rate of speed – or (b) the failure to do some act that a reasonably careful person would have done under the same or similar circumstances – such as failing to slow down when approaching an intersection. Item (a) is an act whereas item (b) is an omission – specifically, an untaken precaution.
2
Q
What are the three steps of the hand formula?
A
Identify precautions, identify risks, balance.
