Vaughan v. Menlove

Stands for two propositions:

1. The standard of care is objective.

2. One may (at least in some circumstances) be held to this standard even if one is incapable of attaining it.



Why should the standard be objective?

1. Otherwise, we would have "so vague a line as to afford no rule at all." (Tindal C.J.)

2. Administrative considerations. (Fleming)

3. Evidentiary considerations.

4. It serves the interests of general welfare. (Fleming)

a. predictability

b. compensation


Back to [Overheads].