The purpose of this essay is to present and challenge a cherished tenet of the Western negligence law. This is the idea according to which every person’s behavior should conform to the standard of care expected of the so-called ‘reasonable person’ endowed with conventional knowledge, average musculature, normal reactions, commonplace skills, and ordinary intelligence and memory. In particular, the paper: (i) discusses the flaws of this standard when applied to persons who are weaker than the average, i.e. minors, the elderly, and those who suffer from a psychological disability; and (ii) shows how several functions traditionally attributed to the general standard end up being frustrated in the adjudication of liability, if the notion is applied to the above mentioned ‘weaker’ persons.
- responsabilidad civil,
Available at: http://works.bepress.com/mauro_bussani/18/