Title : Reasonable Person Test Definition
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Reasonable Person Test Definition
Ordinary prudent person who normally exercises due care while avoiding extremes of both audacity and caution. The hypothetical reasonable person provides an objective by which the conduct of others is judged.
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Legal definition of reasonable person.
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Reasonable person test definition. A fictional person with an ordinary degree of reason prudence care foresight or intelligence whose conduct conclusion or expectation in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something as the existence of negligence called also reasonable man. The reasonable person test is one of those legal quirks that form an enduring part of the common law despite being very hard to actually define. One human causing damage to another is certainly a tale as old as history itself.
Used as a test of liability in cases of negligence this standard is not applied uniformly on all persons because varying degrees of reasonableness may be expected from a minor infant an adult an unskilled. And judges in various forms have always had the task of determining if the. Reasonable man theory refers to a test whereby a hypothetical person is used as a legal standard especially to determine if someone acted with negligence.
The test as to whether a person has acted as a reasonable person is an objective one and so it doesn t take into account the. The so called reasonable person in the law of negligence is a creation of legal fiction. The reasonable person test is one of those legal quirks that form an enduring part of the common law despite being very hard to actually define.
This hypothetical person referred to as the reasonable prudent man exercises average care skill and judgment in conduct that society requires of its members for the protection of their own. A phrase frequently used in tort and criminal law to denote a hypothetical person in society who exercises average care skill and judgment in conduct and who serves as a comparative standard for determining liability. In law the reasonable person is not an average person or a typical person but a composite of the community s judgment as to how the typical community member should behave in situations that might pose a threat of harm to the public.
Such a person is really an ideal focusing on how a typical person with ordinary prudence would act in certain circumstances. Strictly according to the fiction it is misconceived for a party to seek evidence from actual people in order to establish how the reasonable man would have acted or what he would have foreseen. In law a reasonable person reasonable man or the man on the clapham omnibus is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.
And judges in various forms have always had the task of determining if the damage caused was something that the. The reasonable person test explained. One human causing damage to another is certainly a tale as old as history itself.
The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is. The reasonable person standard we will see in this chapter is objective in the sense that it does not depend on the particular preferences or idiosyncratic psychological features of the defendant before the court. And although it is objective it is not easily summarized in the form of a simple cost benefit test.
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