Abstract

PAPAYANNIS, Diego M.. Reasonableness and Uncertainty in Standards of Care. Isonomía [online]. 2021, n.55, pp.61-83.  Epub Feb 28, 2022. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.v0i55.471.

It is a widespread belief that generic standards of care are a major source of uncertainty because they are radically indeterminate. In order to promote legal certainty, tort law should eradicate them as far as possible and favor specific standards, expressed in a very precise language. In this paper I argue that generic standards are not as indeterminate as it is usually assumed and that, in addition, they play a fundamental normative role in the practice of tort law by supplementing the precautions required by specific standards, which in turn enhances the protection of personal indemnity.

Keywords : generic standards of care; indetermination; legal certainty; freedom and personal safety.

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