"Therefore, it must first be determined what <P's> duty to use reasonable care was in relation to <D>."
In this def,...
DUTY: Duty stems from public policy in that there is a certain standard of conduct society requires one to exercise in order to protect others from unreasonable risks/injuries.
DUTY is informed by the SOC, which is that of an average reasonable man of ordinary prudence in similar circumstances.
In this definition, the "average reasonable man" refers to an adult SOC, which will/will not apply to <D>. This is an objective standard, due to the problem of hindsight. It is easy to look back in time and say someone should have acted differently because the harm did actually occur as a result of D's conduct. Therefore, we use an objective standard of how a reasonable person would act under similar circumstances to determine foreseeability/duty.
- If <D> is deemed negligent, it is assumed that he could have avoided the harm had he acted reasonably and exercised reasonable care. (Control-no way to avoid harm, not NEG) (Apply to facts)