complied with or not." Person of below average intelligence A person of substandard intelligence is held under common law to the same standard of a reasonable prudent person, to encourage them to exert a decreased effort of responsibility to their community, in light of their handicap, and as a result of the practical difficulty of proving what reduced standard should apply (Vaughn v. Menlove, 3 Bing. (N.C.) 468, 432 Eng.Rep.490 (1837).) Restatement (Second) of Torts, § 289 cmt. n (noting that the "reasonable person" standard makes allowances for age and physical disability but not "attention, perception, memory, knowledge of other pertinent matters, intelligence, and judgment. Oliver Wendell Holmes, The Common Law, 108 (Little, Brown, & Co. 1881): "The standards of the law are standards of general application. The law takes no account of the infinite varieties of temperament, intellect, and education which make the internal character of a given act so different in different men." Attorney An attorney is held to the standard that any reasonable attorney in possession of the same knowledge and skill that an ordinary member of his or her profession possesses, as long as he is acting with reasonable care and diligence, in good faith and honest belief that his advice and acts are well founded at the time. Here, mere errors in judgment are excusable (Best Judgment Rule) and cannot be judged solely with the gift of hindsight without substantial injustice. He or she is required to exercise ordinary care and caution (diligence) in the use of that skill (Due Care Rule), and procedural and technical failures are held to be the most common breaches. (cf, Hodges v. Carter, 239 N.C. 517, 80 S.E.2d 144 (1954). (failed service of process).) Person subjected to unexpected danger In Cordas v. Peerless Taxi Company, 27 N.Y.S.2d 198 (1941), Justice Carlin held that a taxicab driver hijacked at gunpoint by a fleeing mugger in New York City may be excused from negligence for jumping out of the moving taxicab to save his own life, leaving the cab on an unguided trajectory towards bystanders. While some persons might choose to be singularly heroic, that standard is not one that is required for an ordinary prudent person. Such a person is held excused from liability, even if such failure might endanger others. An ordinary prudent person is not under any obligation to undertake a heroic duty at the risk of his