{"id":15264,"date":"2018-03-08T04:13:36","date_gmt":"2018-03-08T04:13:36","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15264"},"modified":"2018-03-08T05:44:27","modified_gmt":"2018-03-08T05:44:27","slug":"ordinary-reasonable-care","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15264","title":{"rendered":"ordinary (reasonable) care – the degree of care that a prudent and competent person engaged in the same line of business or endeavor would exercise under similar circumstances"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 1; <\/a>Torts, Breach of Contract, and Assessing Liability<\/em><\/a> >>>> Torts<\/a> >>>> Basic Classifications of Torts<\/a> >>>> Negligent Tort<\/a> >>>> Negligence<\/a> >>>> Ordinary Negligence<\/a>:<\/span>
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ordinary care<\/span>:<\/strong><\/span>
\n (17c)<\/span><\/p>\n

1. See reasonable care<\/strong><\/span>. <\/em>[1]<\/span><\/p>\n

1. As a test of liability for negligence, the degree of care that a prudent and competent person engaged in the same line of business or endeavor would exercise under similar circumstances.\u00a0 *\u00a0 Generally, reasonable care is the application of whatever intelligence and attention one possesses for the satisfaction of one’s needs.\u00a0 The term is always relative, depending on the particular circumstances.\u00a0 What is reasonable care in one case (for example, involving an adult) might be gross negligence in another (for example, involving an infant).<\/strong> \u2014 aka due care<\/strong><\/em><\/span>; reasonable care<\/strong><\/em><\/span>; adequate care<\/strong><\/em><\/span>; proper care<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

1. A standard for the determination of negligence; the degree of diligence which one must observe in the performance of his common-law duty to use care to prevent injury to others.\u00a0 A relative standard; due care according to the circumstances of the case. 38 Am J1st Negl \u00a7 29<\/span>. <\/strong><\/span><\/p>\n

That degree of care that a man of ordinary prudence would exercise under the same or similar circumstances with reference to his own property. Smith v Maher<\/em>, 84 Okla 49, 202 l\u2019 321. 23 ALR 2<\/span>70<\/span>. <\/span><\/strong><\/span><\/p>\n

In reference to pedestrians: \u2014 such care as persons of ordinary prudence and care, in driving and managing automobiles in the streets of a city, are accustomed to exercise and observe for the protection of persons traveling in the streets. Cincinnati Traction Co. v Harrison<\/em>, 24 Ohio CCNS l, 44 Ohio CC 435<\/span>. <\/span><\/strong><\/span><\/p>\n

As required of an officer or director of a corporation: \u2014 such care as a man of common prudence <\/span>would take of his own affairs; more realistically, such care as a prudent man should exercise in like circumstances, not necessarily the care which such a person would show in the conduct of his own affairs of a similar kind. 19 Am J2d Corp \u00a7 1277<\/span>. <\/strong><\/span><\/p>\n

As required of a bailee: \u2014 such care as ordinarily prudent men, as a class, would exercise in caring for their own property under like circumstances, or, as it is. sometimes expressed, when applied to bailees who make a business of keeping property for hire, that degree of care and diligence which may reasonably be expected from ordinarily prudent persons under similar circumstances, or that which capable and reasonably prudent persons engaged in the same business, and experienced and faithful in the particular department are accustomed to exercise when in the discharge of their duties. 8 Am J2d Bailm \u00a7 207<\/span>.<\/strong> [2]<\/span><\/p>\n

1. That degree of care which a person of ordinary prudence would exercise in similar circumstances.<\/strong>\u00a0\u2013 aka\u00a0due care<\/strong><\/em><\/span>; reasonable care<\/strong><\/span>.\u00a0<\/em> [3]<\/span><\/p>\n

reasonable care<\/span>:<\/strong><\/span>
\n(17c)<\/span><\/p>\n

1. As a test of liability for negligence, the degree of care that a prudent and competent person engaged in the same line of business or endeavor would exercise under similar circumstances.\u00a0 *\u00a0 Generally, reasonable care is the application of whatever intelligence and attention one possesses for the satisfaction of one’s needs.\u00a0 The term is always relative, depending on the particular circumstances.\u00a0 What is reasonable care in one case (for example, involving an adult) might be gross negligence in another (for example, involving an infant).<\/strong> \u2014 aka due care<\/strong><\/em><\/span>; ordinary care<\/strong><\/em><\/span>; adequate care<\/strong><\/em><\/span>; proper care<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

1. A relative term; care required by the circumstances of the case.\u00a0 Due care under the circumstances. 38 Am J1st Negl \u00a7 29<\/span>.<\/strong> [2]<\/span><\/p>\n

1. Same as due care or ordinary care.<\/strong> [3]<\/span><\/p>\n

due care<\/span>:<\/span><\/strong><\/p>\n

1. See reasonable care<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

1. Care according to the circumstances of the case. 38 Am J1st Negl \u00a7 29<\/span>.<\/span><\/strong><\/p>\n

That degree of care which a man of ordinary prudence would exercise in similar circumstances. Gahagan v Boston & Maine Railroad<\/em>, 70 NH 441, 50 A 146<\/span>.<\/span><\/strong><\/p>\n

As the term appears in an exception from the risk in an accident insurance policy, it means the measure of caution and care that would be required of a reasonably prudent man in like circumstances. 29A Am J Rev ed ins \u00a7 1160<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See due diligence<\/em>. [2]<\/span><\/p>\n

1. That degree of care which a person of ordinary prudence would exercise in similar circumstances.\u00a0 Same as ordinary care or reasonable care.<\/strong> <\/span>
\n\u00a0\u00a0\u00a0\u00a0 See care<\/em>.\u00a0 See and compare high degree of care<\/em>; extraordinary care<\/em>; slight care<\/em>. [3]<\/span><\/p>\n

Also See:<\/span><\/strong><\/span><\/p>\n

reasonable person test<\/span><\/a> – a hypothetical person used as a legal standard, especially to determine if someone acted with negligence.<\/span><\/strong><\/span><\/p>\n

(due) diligence<\/span><\/a> – persevering effort to accomplish one’s business, duty, etc.<\/span><\/strong><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations <\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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