Which of the following is false regarding the reasonable person test?
A)The reasonable person test applies even if the defendant did not owe the plaintiff a duty of reasonable care.
B)The reasonable person test is an objective test.
C)The reasonable person test compares the defendant's actions with those that a hypothetical person with ordinary prudence and sensibilities would have taken (or not taken)under the circumstances.
D)The reasonable person test is flexible and is determined on a case-by-case basis.

Question

Quizplus · Accepted Answer

Assuming that the defendant owed the plaintiff a duty of reasonable care,whether the defendant satisfied or instead breached that duty depends upon the application of the reasonable person test.This test is objective in two senses.First,it compares the defendant's actions with those that a hypothetical person with ordinary prudence and sensibilities would have taken (or not taken)under the circumstances.Second,the test focuses on the defendant's behavior rather than on the defendant's subjective mental state.The reasonable person test has another noteworthy characteristic: flexibility.In contemplating that courts consider all of the relevant facts and circumstances,the test allows courts to tailor their decisions to the facts of the particular case being decided.

Which of the Following Is False Regarding the Reasonable Person