PHL 226 3-13

PHL 226 3-13 - the one who is ordinary in this 4 Typically...

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One is responsible of own well being as well as that of others. The tort system should be such that people are assigned the proper degree of responsibility for what happens to them, and are thereby motivated to act with appropriate care that they do not come to harm It’s the care that a person of ordinary prudence would take under the circumstances. A person would act with ordinary prudence so longs as he just did what people typically do at times like that Proper care: whatever a person of the plaintiff’s age and physical condition would do under the circumstances. 1. Typically we are motivated to avoid harm to ourselves. 2. That motivation is reflected typically in the way we act. 3. People differ in how strong that motivation is. The person of ordinary prudence is just
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Unformatted text preview: the one who is ordinary in this. 4. Typically people recognize that their age and physical condition affect their vulnerability to some risks, and adjust their behavior accordingly so as to avoid harm. 5. So ordinary prudence tracks age and condition 6. So, Justice Wheeler is right. “BE CAREFUL!” -> Slow down, stop, pay attention. These are ways of being careful = these reduce the likelihood of coming to harm. How far should a person have to go in reducing the probability that she will come to harm? How careful are you being? What cost to the person herself? Could there be a point beyond which you shouldn’t have to reduce this probability even though you coud reduce it still further than you have?...
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