Legal Definitions - praestatio culpae levis

Praestatio culpae levis is a historical legal concept originating from Roman law that describes a standard of care requiring a "middle degree of diligence." This means a person was expected to exercise the level of care and attention that an ordinary, sensible, and prudent individual would typically demonstrate in a similar situation. It represents a standard that is neither exceptionally high nor extremely low. This phrase is considered a precursor to modern legal principles such as "reasonable care" and the "reasonable person" standard, which are fundamental in determining negligence in many legal systems today.

Here are some examples illustrating the concept of praestatio culpae levis:

• Example 1: Borrowing a Tool
  Imagine a person borrows a power drill from a neighbor. Under the principle of praestatio culpae levis, the borrower is expected to use and return the drill with the same level of care that an ordinary, prudent person would use for their own power tools. This means they should operate it correctly, store it safely, and not intentionally damage it or expose it to obvious risks like leaving it out in the rain. They are not expected to be a professional tool repair technician, but they should avoid negligence that an average person would easily prevent.

  This illustrates the term because the borrower is held to a standard of ordinary diligence – not expert care, but also not reckless disregard – reflecting what a reasonably careful individual would do.

• Example 2: Maintaining Rental Property
  A tenant renting an apartment has an obligation to maintain the property with a middle degree of diligence. This means they should keep the premises reasonably clean, report significant issues to the landlord, and avoid causing undue damage beyond normal wear and tear. They are not expected to perform major structural repairs or upgrades, but they are expected to take the kind of care an ordinary, responsible resident would take to prevent damage and maintain the living space.

  This example demonstrates praestatio culpae levis by showing that the tenant's duty of care is that of an average, prudent individual, not an expert property manager, but also not someone who would neglect the property.

• Example 3: Supervising Children at a Community Event
  A volunteer supervising a group of children at a community fair has a duty to exercise praestatio culpae levis. This means they should monitor the children, ensure their basic safety, and respond to common hazards that an ordinary, sensible adult would notice and address. They are not expected to prevent every conceivable accident or possess the specialized skills of a professional childcare provider, but they must act with the reasonable prudence expected of an average adult responsible for children in that setting.

  Here, the volunteer's responsibility aligns with the "middle degree of diligence" by requiring the care an ordinarily prudent person would exercise to ensure the children's safety, without demanding extraordinary or expert vigilance.