Standard of care – Wikipedia

“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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Your observations are correct. For the USA, teachers and many other adults are given “In loco parentis”, often to a ridiculous legal degree rather than a duty of care.
 
I wish we had a similar Standard of Care in the USA.
 
Oddly, this is one of those things where the “50 States” becomes more important than the USA as a whole.
 
I’m reading up on it. Standard of Care is “tort” and in the USA, tort is governed individually by each US State.
 
This means that Standard of Care and Duty of Care varies greatly from one US State to another.
 
This explains a lot to me about some of the strange things that are acceptable in some parts of the USA but not in others.
  Sadly, it also might be what will continually prevent any kind of national health care system in the USA.

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