Razonabilidad e incertidumbre en los estándares de diligencia

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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 ​
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