Legal Studies 3040

Section 1: What is Negligence?

Special Categories


Okay, I understand this reasonable person stuff, but what's reasonable for one person may not be reasonable for another if their situations are different. Does this mean that the courts look at all the circumstances of each case and determine what is reasonable behaviour to expect in those circumstances?

Exactly. The standard does vary depending on your situation. To make this clear we will now briefly examine two special categories: children and people in positions of responsibility - like teachers.


The courts, along with society in general, do expect people like teachers, doctors, and other professionals to live up to a higher standard of care ,while on the job,  than they do most other people. After all, to take the case of a teacher, if a group of children has been entrusted to the care of a trained adult and that adult is being paid to take responsibility for them, this is only a natural expectation. But how far should this principle be taken?


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