What Is The Reasonable Prudent Person Standard?

1. Negligence is made up of four basic elements. The first element, duty, includes a related concept of "standard of care". Does that standard of care change depending on the defendant involved, and if so, how?

Yes, the standard of care changes depending on the defendant involved. Our GCU textbook states, “a stranger is not legally required to assist, unless the stranger caused the incident in most instances, the parent might well be expected to do so in the eyes of the law and the lifeguard is obligated to do so.” In other words, you are not obligated to help out even if it’s the correct thing to do. However, if you’re involved in causing the incident then you are obligated.

2. What is the "reasonable prudent person" standard?

The reasonable prudent person standard is a made up person designed from the courts. This was implemented to “test for the appropriate level of care is whether, under the circumstances of the case the defendant acted as a reasonable person would have acted to prevent the injury.” This factious person is considered to be: “good citizen, invariably looks where he is going, and is careful to examine.” This person “never swears, gambles, or loses his temper;

What are the differences between a licensee and an invitee with regard to torts law?

Both a licensee and an invitee have the permission by the owner to be on the premises. However, a licensee enters a business or property having no business there. For example if I stop at a gas station to ask for directions or use the restroom. I have no business there or is shopping there. An invitee, enters a business or property, but benefits the owner. For example, I stop at the gas station and buy an item or get gas. I am benefiting the owner because I am purchasing something. An invitee could also be me going to the park because it’s for the community and it’s available for all the public to go there.

9. What is comparative negligence? What are the different types of comparative