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MBE® Flashcard

DEFINE THE REASONABLE, PRUDENT PERSON STANDARD OF CARE.

 

 

The reasonable, prudent person is an objective standard of care. The standard is applied as though the reasonable, prudent person possessed the experience, knowledge, and mental capabilities of an average member of the community, even if the defendant did not himself actually possess it.

We do not take into account the defendant’s experience, mental ability, speed of reflexes, or insanity.

We do take into account any physical conditions (blind, deaf, amputee), and the defendant is held to the standard of a reasonable, prudent person with that condition.

We do take into account emergencies not of the defendant’s own making.

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