“Duty of care” is a part of English Common Law (tort) that the USA did not inherit. It is a part of “Standard of care” and is usually used as “proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances”.
“Reasonable person” was first legally used in 1837 in an English case, Vaughan v Menlove.
We use the “Reasonable person” concept in the USA but where it’s most noticeably used is in justifying actions of police that would not be acceptable for citizens rather than for “Standard of Care”.
I think the USA did not properly inherit “Duty of Care”. Perhaps expecting a reasonable person to have standards towards others is asking a bit much for US sensibilities.
“In 1835, Adolphe Quetelet detailed the characteristics of l’homme moyen (French, “average man”). His work is translated into English several ways. As a result, some authors pick “average man”, “common man”, “reasonable man”, or stick to the original “l’homme moyen”. Quetelet was a Belgian astronomer, mathematician, statistician and sociologist. He documented the physical characteristics of man on a statistical basis and discussed man’s motivations when acting in society.”
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