In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors?
A) The existence of emergency conditions.
B) A physician's training and years of experience.
C) A person's severe mental retardation.
D) Both the existence of emergency conditions and also a physician's training and years of experience.

Question

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors?
A) The existence of emergency conditions.
B) A physician's training and years of experience.
C) A person's severe mental retardation.
D) Both the  existence of emergency conditions and also a  physician's training and years of experience.

Quizplus · Accepted Answer

The reasonable person standard in law considers what a reasonable person with the same background and in the same situation would do. This includes considering emergency conditions (A) that might justify actions that would otherwise be negligent, and the specific training and experience of professionals like physicians (B), as their duty of care is higher due to their specialized knowledge. However, it generally does not consider personal characteristics such as severe mental retardation (C), as the standard is objective rather than subjective.

In Determining the Duty of Care Owed by a Defendant