LAW 122 Lecture Notes - Lecture 18: Strict Liability
Document Summary
Cost of avoiding the harm standard of care for professionals. Professionals must act as a reasonable professional would under similar circumstances. Eg. the reasonable doctor or the reasonable lawyer. Basically be compared to someone who is in the same profession. Standard is higher than a reasonable person in general. Must act as reasonable professional no allowance for inexperience. No matter your experience, you are still compared to a reasonable professional. If you do not have the credentials, it does not matter. For example, you are acting as a lawyer, but you are not one. Standard may be higher still for specialist or expert: must act as a reasonable expert would act, judged at a higher standard limits to professional standard. Remember hindsight cannot be used: focus on information reasonably available to defendant at the time. Dna evidence error of judgement are different than carelessness.
