MBE Rules · Torts
Special duty standards
The rule
Children: care of similar age/intelligence/experience (unless engaged in adult activity). Professionals: care of similar professionals in good standing. Common carriers/innkeepers: utmost care. Possessors of land: varies by entrant status (trespasser, licensee, invitee — modern trend: reasonable care to all).
In plain English
Different people have different levels of responsibility based on their role or situation. Kids, professionals, and landowners all have specific standards they must meet to avoid being negligent.
Worked example
A 10-year-old accidentally injures a friend while playing. The court looks at what a typical 10-year-old would do, not an adult. Meanwhile, a doctor must act like other competent doctors would in the same situation.
Memory hook
Kids play, pros perform, carriers care. Children judged by peers, pros by peers, carriers by utmost diligence. Landowners adapt by entrant type.
The trap
Students think: children always judged by adult standards. Wrong, because only if engaged in adult activities. The actual test is age, intelligence, experience unless adult activity.
How examiners test it
The MBE loves: child causing harm while biking. Trap: assuming adult standard. Remember: use child standard unless it's an adult activity like driving.
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