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The Divorce Encyclopedia
Standard of Care


Term Definition Standard of Care - the test a court uses to determine whether or not a party acted negligently.
Application in Divorce The general standard of care is what a "reasonably prudent" person would have done in similar circumstances. This sets an objective standard of reasonable care against the careless or inadvertent actions of another.

Negligence "rests on the duty of every person to exercise due care" when his or her conduct may result in injury to another; thus the concept of negligence can entail both careless and reckless action as well as a failure to act in a reasonably prudent manner.

See also Negligence.

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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law