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Negligee in tort law can be established using the reasonable man’s test, which is a hypothetical test used to determine the accepted standards of conduct. The concept of negligence in tort law is used to protect the persons from the unintentional wrongful acts of others guaranteeing the aggrieved persons compensation. To establish negligence on the part of the defendant the plaintiff must show that the defendant owed a duty of care, that the duty of care was breached and that the plaintiff suffered an injury or loss as a direct consequence of the breach. To hold the defendant liable for negligence, it is necessary to show that the defendant departed from the conduct expected of a reasonable person who is in the same circumstances. If it can be shown that a reasonable person in the defendant’s position would foresee the risk and refrain from the wrongful act or omission, the defendant will be held liable. Therefore, centre to the law of negligence is the reasonable man’s test. It provides the courts with the yardstick to be used when determining the liability of the defendant. The reasonable person is an hypothetical l person who exercise average care, skill and judgement in situations where the society or the members thereof are threatened. The characteristics of the reasonable person may differ from case to case, as what is reasonable in a particular case will much depend on the circumstances. However, law will usually consider knowledge, experience and perception of a person to determine whether the conduct of the person meets the reasonable man’s standards. For instance, a motorist is required to know the traffic rules, and a driver who frequently drives on a slippery road is required to know that excessive speed can cause accidents. The court will also consider the special skills the person has, when determining reasonableness in his conduct. For instance, persons who are engaged in certain professions are required to have the ordinary skills the other persons who are engaged in the same profession possess, and therefore if a person engaged in such profession causes some injury to another due to lack of ordinary skills, he may be held liable for being negligent in his conduct. Courts will also take the person’s physical characteristics, mental capacity, age and the like into consideration when determining whether the person has departed from the reasonable man’s standards.
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