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The standard of care generally used in cases of negligence is the:

In the tort of negligence, the general benchmark for determining breach of duty is the objective standard of the 'reasonable man'—that is, the skill and foresight of an…

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The standard of care generally used in cases of negligence is the:

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Correct answer D

In the tort of negligence, the general benchmark for determining breach of duty is the objective standard of the 'reasonable man'—that is, the skill and foresight of an ordinary person of prudence and competence placed in the defendant's circumstances (Vaughan v. Menlove, (1837) 3 Bing NC 468; Blyth v. Birmingham Waterworks Co., (1856) 11 Ex 781). It does not require the specialized skill of a professional (unless the defendant undertakes a skilled profession) or extraordinary intelligence, nor is it measured by the defendant's subjective foresight alone.

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Option A

Where a person undertakes work requiring professional skill, the standard is that of an ordinarily competent practitioner of that skill. The general negligence standard does not assume specialist expertise in every case.

Option B

Incorrect. The law of negligence does not demand extraordinary intelligence or supreme caution, only the care of an ordinary person of average prudence.

Option C

Incorrect. As settled in Vaughan v. Menlove (1837), the standard of care in negligence is objective, not the subjective foresight of the particular defendant.

Option D

Correct. In the tort of negligence (Blyth v. Birmingham Waterworks Co., (1856) 11 Ex 781; Vaughan v. Menlove, (1837) 3 Bing NC 468), the general standard of care is objective: the skill and foresight of an ordinary person of prudence and competence (the 'reasonable man' standard).

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