The Standard of Care and the Roles of Judge and Jury

Question 1

Common Carrier Rule

Answer 1

public transport conveyors must be held to the highest degree of foreseeability and care. Has lost validity due to technological advancement
- Most states have gotten rid of, some states still hold onto it.

Question 2

reasonable person of ordinary prudence/ reasonable care

Answer 2

based on objective and external standards; takes into account the circumstances when the incident occurred; includes reasonably perceivable risk, gravity of harm to others and any special relationship btwn victim and actor.

Question 3

Adams V. Bullock

Answer 3

Reasonable care is necessary to risk prevention; based on foreseeability, feasibility, customs or traditions,… etc
(will rarely use because it is so old)

Question 4

Hand Rule of Negligence

Answer 4

• BPL, then it would be more cost effective to pay for the cost of the injury/harm than to pay to prevent
• Impractical to apply! Often favors the richer/bigger party (RPs)

Question 5

Objective and External Factors to RPS

Answer 5

Objective - fixed standard of reasonable care ( comparing your conduct to the standards of reasonable care)
External - not focused on intent, only focused on conduct
(What were did you do?)

Question 6

Exceptions/Non Exceptions to RPS

Answer 6

Mental Disability - still held to RPS, b/c it is thought to be able to be faked; would lead to slippery slope testing intelligence of all defendants; puts responsibility on caretakers
Physical Disability - not held to RPS if wholly out of control of actions; still held to RPS if any control of actions; if you put yourself in a situation out of your abilities, you may be liable
Age - Older still held to RPS; Children - parents may be vicariously liable; Children doing adult acts are held to RPS; Children below state set age are NOT liable, but past state set age must be held to standard of age, intelligence and experience of someone their own age.
Emergency - based on context/circumstance
Superior Abilities - Held to higher standards; however beginners are just held to RPS

Question 7

Determining B in Hand Rule Formula

Answer 7

Plaintiff will argue B is cheap, to force negligence on Defendant
Defendant will argue B is TOO expensive, to determine that they are not negligent
** B does not have to be $$, it can be time and effort as well.

Question 8

Goodman

Answer 8

• Juries should deal with heavily fact intensive issues; juries would know what a “reasonable person” would do, understand norms and practices of their peers
• Judges should deal with questions of law
• ** Enacted a specific rule instead of the reasonable care standard

Question 9

Pokora

Answer 9

• • Held that Goodman rule was dangerous and over specific

- - it’s better to have standards that a jury applies to the specific facts

Question 10

Andrews

Answer 10

• • Allow the jury to make a decision in a situation of facts, even common carrier
• • common carrier does not enforce strict liability; still requires jury decision.