Use in Practice
In the U.S., juries, with guidance from the court, decide what particular acts or omissions constitute negligence, so a reference to the standard of ordinary care removes the need to discuss this moot "rule". Juries are not told this "rule" but essentially use their common sense to decide what an ordinarily careful person would have done under the circumstances. The "calculus of negligence" has less practical value for the lay researcher seeking to understand how the courts actually determine negligence cases in the United States than the jury instructions used by the courts in the individual states.
Read more about this topic: Calculus Of Negligence
Famous quotes containing the word practice:
“In the case of all other sciences, arts, skills, and crafts, everyone is convinced that a complex and laborious programme of learning and practice is necessary for competence. Yet when it comes to philosophy, there seems to be a currently prevailing prejudice to the effect that, although not everyone who has eyes and fingers, and is given leather and last, is at once in a position to make shoes, everyone nevertheless immediately understands how to philosophize.”
—Georg Wilhelm Friedrich Hegel (17701831)