El concepto del buen padre de familia.

Abstract

Nowadays, almost every human activity may harm other individuals. If there is no contract between the one who acted negligently and the victim, then those injuries are torts. One element of the negligence tort is carelessness, but this element is not clearly defined in our legal system. The definitions of carelessness often refer to vague concepts like the reasonable prudent person or the ordinary standard of care. For this reason, judicial decisions, may contradict between them, as some may consider one care to be ordinary and others, extraordinary. Is necessary to establish limits to these concepts in order to prevent contradiction in judicial decisions, with help from the tools borrowed by the Economic Analysis of Law and, by this means, determining what the ordinary care owed by the reasonable prudent person is. One useful tool for indicating if someone is liable for damages is the Hand formula as it helps to determine if one care is ordinary or extraordinary based on cost efficiency.