# Negligence

Negligence
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Terms in this set (14)
- Acting as a reasonably prudent child of like age and development
-Permits subjective evaluation of child's unique mental/emotional development
-Exception: Children engaged in adult activities, standard of care of adult performing those activities.
-Note: Courts are unlikely to view a child under the age of 5 having the capacity to be negligent
- Act as a reasonable ordinary prudent SANE person, or as a person with average mental ability. Same standard of care of ROPP.
- Exception: bouts with insanity is sudden (however, doesn't apply if you knew there was a risk and you failed to take a reasonable precaution)
-Mental handicaps are not taken into consideration. (low IQ is no excuse) However, in cases where it may effect physical ability (ex- Alzheimer's) court may consider it.