Assess a defendant breached their duty of care

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Reference no: EM133294161

Assignment:

Questions:

1. In determining whether a defendant acted reasonably, the jury must consider the situation from the defendant's perspective.

2. To assess whether a defendant breached their duty of care, it must be determined whether the defendant acted reasonably.

3. In most situations in tort law, an objective standard is used to assess the reasonableness of a defendant's conduct because doing so reduces the uncertainties in the legal system and maximizes safety to members of the community.

4. Courts generally do not hold insane people to a reasonable person standard because they should not be held responsible for their actions.

5. A reasonable person is expected to know matters of common knowledge and scientific and natural laws of common knowledge to laypersons.

6. The physical characteristics of a defendant are never taken into consideration when determining the reasonable person standard.

7. Defendants acting under emergency conditions must act reasonably, but they are not held to the standard of care demanded in non-emergency conditions.

8. A reasonable person is never expected to anticipate the criminal acts or intentional torts of others.

9. Specialists are held to a higher standard of care than other members of the profession.

Reference no: EM133294161

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