Special knowledge or experience with criminal circumstances might be allowed to

Special knowledge or experience with criminal

This preview shows page 6 - 8 out of 15 pages.

Special knowledge or experience with criminal circumstances – might be allowed to introduce that evidence to see if they behaved reasonably or negligently o Superior attributes treated differently: D may have acted negligently by doing any of the following: 1. He did not discover or perceive a risk that reasonably people would have a. Ex. P slips & falls on debris accumulated on floor of D’s store. i. If debris was there long enough that it would come to attention of a reasonable shopkeeper in Ds circumstance through either inspection or some other means & would have cleaned it up & D did not then = negligence
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ii. OR if D or his agents were aware of it but didn’t realize it was risky but every other reasonable shopkeeper would know realized risky = negligence iii. BUT if the risk would NOT have come to attention of reasonable shopkeepers, then D is NOT LIABLE 1. UNLESS it did in fact come to his attention then it would be found that reasonable people that notice such things take precautions = negligence 2. He discovered & perceived the risks reasonable persons would, but then ran the risk anyway b/c a. He evaluated the risks & benefits different than a reasonable person would have = negligence b. He evaluated them as a reasonable person would’ve but nevertheless failed to be deterred as reasonable ppl would be = negligence WHEN ARE SPECIAL ABILITIES, DISABILITY, & OTHER PECULIAR ATTRIBUTES PART OF THE “CIRCUMSTANCES” UNDER THE “RP IN THE SAME CIRCUMSTANCES” TEST? OVERALL QUESTION: for things that make someone “less” capable (i.e. deficient) should courts hold that person to the STANDARD person standard or to the standard of a person with those deficiencies? Attributing weaknesses might make it too ready an excuse & lead to fraudulent defenses Usually hold a “lower” person to the higher normal standard for qualities that make someone “better” (i.e. special stregnths, skills, maturity, knowledge, etc.) they are usually held to a HIGHER standard based on their particular strengths (and can be held liable when a standard person wouldn’t) Might discourage people obtaining special skills/knowledge vs. might encourage people to use the skills that they’ve obtained Usually hold the “higher person” to the higher than normal standard ORDINARY PERSON Vaughan v. Menlove, (1837) – D was warned to take care of his hayrick which posed a fire hazard to his negihbors, but he did not, it caught fire, spread. P sues D D claims that he used his best judgment & claims that that is the standard for jury instruction on negligence Issue: what is the standard of care for negligence? Holding: illogical to simply rely upon the best judgment of D, court instead demands that the standard of a reasonably prudent person be used to determine negligence.
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  • Spring '07
  • Spann

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