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Standard_of_care


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Tort law
Part of the common law series
Intentional torts
Assault  · Battery  · False imprisonment
Intentional infliction of
emotional distress (IIED)
Consent  · Necessity  · Self defense
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Alienation of affections
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Nuisance
Public nuisance  · Rylands v. Fletcher
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence
Rescue doctrine  · Duty to rescue
Specific kinds of negligence
Negligent infliction of
emotional distress (NIED)
In employment  · Entrustment
Malpractice
Duty to visitors
Trespassers  · Licensees  · Invitees
Attractive nuisance
Strict liability torts
Product liability  · Ultrahazardous activity
Liability, defences, remedies
Comparative and contributory negligence
Last clear chance  · Eggshell skull
Vicarious liability  · Volenti non fit injuria
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Contents

For the English law, see standard of care in English law.

In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. A breach of the standard is necessary for a successful action in negligence.

The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person. It was famously described in Vaughn v. Menlove (1837) as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances".

Professional standard of care

In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work. Such a test (known as the \'Bolam Test\') is used to determine whether a doctor is liable for medical malpractice.

Children

A special standard of care also applies to children, who are held to the behavior that is reasonable for a child of similar age, experience, and intelligence.

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