- 1 Marks
BCL – L1 – SA – Q29 – Tort
Question
Which of the following statements is correct concerning the “reasonable person” standard in tort law?
A The reasonable person standard varies from person to person.
B The reasonable person standard focuses on the defendant’s subjective mental state rather than on the defendant’s behaviour.
C A person with a physical disability must act as would a reasonable person with the same disability.
D A person with a mental disability must act as would a person with the same mental disability.
Answer
C
Explanation:
The “reasonable person” standard in tort law is an objective benchmark assessing how a hypothetical reasonable person would act in similar circumstances. For individuals with physical disabilities, the standard adjusts to account for their condition, requiring them to act as a reasonable person with the same disability would. Option C is correct. Option A is incorrect because the standard is objective, not subjective to each person. Option B is incorrect because the standard focuses on behavior, not mental state. Option D is incorrect because mental disabilities typically do not alter the objective standard, as courts hold individuals to the general reasonable person standard unless the disability is severe and relevant.
- Tags: Disability, Negligence, Reasonable Person Standard, Tort
- Level: Level 1
- Topic: Tort
- Uploader: Samuel Duah