Negligence - Reasonable Care and Utility: The ARP Doctrine Flashcards
What is the ARP doctrine?
The Average Reasonable Person doctrine takes into effect calculation, evaluation and capacities.
What does calculation mean under the ARP doctrine?
Actors must accurately appraise the seriousness of risks and efficacy of precautions.
What does evaluation mean under the ARP doctrine?
Actors must evaluate the interests at stake “objectively” – they cannot prefer their own interests or value them idiosyncratically.
What does capacities mean under the ARP doctrine?
Actors must have the capacities of the ARP with respect to skill, reflexes, coordination, judgment, and so on.
What are the degrees of culpability?
Ordinary negligence, gross negligence, recklessness, and wantonness.
What is ordinary negligence?
Inadvertence or error.
What is gross negligence?
Very great negligence but less than recklessness.
What is recklessness?
Proceeding despite a known and substantial risk.
What is wantonness?
Actual knowledge of a natural and probable injury.
If someone has superior knowledge or skills, are these taken into account to determine negligence?
“If an actor has skills or knowledge that exceed
those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the actor has behaved as a reasonably careful person” (Third Restatement of Torts § 12).
What three elements must be present for the emergency rule to apply?
(1) the party seeking exculpation must be free from
negligence contributing to the emergency
(2) there must be a short time interval for reacting;
(3) in reacting to the emergency, the party seeking exculpation makes such a choice to avoid harm to self or others as a reasonably careful person in such a
position might make (Myhaver, Northland Insurance).
Are physical disabilities exculpable if they are forseeable?
No.
Are physical disabilities exculpable if they are unforeseeable?
Yes.
What factors determine a child’s negligence?
(1) the subjective step asks what was the capacity of this particular child given what the evidence shows about their age, intelligence, maturity, training, and experience
(2) the objective step asks how would a reasonable child of like capacity have acted under similar circumstances?
Are children who are engaged in adult activities held to child standards?
No. They are held to adult standards for adult activities.
