{"id":14596,"date":"2018-02-24T05:32:02","date_gmt":"2018-02-24T05:32:02","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14596"},"modified":"2018-03-08T17:52:08","modified_gmt":"2018-03-08T17:52:08","slug":"reasonable-man-test-a-hypothetical-person-used-as-a-legal-standard-especially-to-determine-if-someone-acted-with-negligence","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14596","title":{"rendered":"reasonable person test – a hypothetical person used as a legal standard, especially to determine if someone acted with negligence"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 1; <\/a>Torts, Breach of Contract, and Assessing Liability<\/em><\/a> >>>> Torts<\/a> >>>> Basic Classifications of Torts<\/a> >>>> Negligent Tort<\/a> >>>> Negligence<\/a>:<\/span>
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reasonable person<\/span>:<\/strong><\/span>
\n(1856)<\/span><\/p>\n

1. A hypothetical person used as a legal standard, especially to determine whether someone acted with negligence<\/a>; specifically, a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protections of their own and others’ interests.\u00a0 *\u00a0 The reasonable person acts sensibly, does things without serious delay, and takes proper but not excessive precautions.<\/strong><\/span>
\n\u00a0\u00a0\u00a0\u00a0 See Restatement (Second) of Torts \u00a7 283(b). \u2014 aka reasonable man<\/strong><\/em><\/span>; prudent person<\/strong><\/em><\/span>; ordinarily prudent person<\/strong><\/em><\/span>; reasonably prudent person<\/strong><\/em><\/span>; highly prudent perso<\/span>n<\/strong><\/em>.\u00a0 See reasonable care<\/em> under CARE (2). [1]
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\u00a0\u00a0\u00a0\u00a0 Excerpt from R.F.V. Heuston’s Salmond on the Law of Torts<\/em><\/a><\/span> 56 (17th ed. 1977):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “The reasonable man connotes a person whose notions and standards of behaviour and responsibility correspond with those generally obtained among ordinary people in our society at the present time, who seldom allows his emotions to overbear his reason and whose habits are moderate and whose disposition is equable.\u00a0 he is not necessarily the same as the average man \u2014 a term which implies an amalgamation of counter-balancing extremes.<\/span>“<\/strong> [2]
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reasonable man rule<\/span>:<\/span><\/strong><\/p>\n

1. The rule that in review of an administrative determination, the court will not substitute its judgment or discretion for that of the agency, but will deem the evidence to support of the order sufficient where it is such that a reasonable man considering it would make the same determination. 2 Am J2d Admin L \u00a7 686<\/span>.<\/strong> [3]
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reasonable man test<\/span>:<\/strong><\/span><\/p>\n

1. A standard for determining negligence<\/a>, which asks: “What would a reasonable person have done in the same circumstances?<\/span>”\u00a0 in short, it measures the failure to do that which a person of ordinary intelligence and judgment would have done in the circumstances, or the doing o that which a person of ordinary intelligence and judgement would not have done.<\/strong> [4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6.<\/span><\/strong><\/p>\n

[2]: R.F.V. Heuston’s Salmond on the Law of Torts<\/em><\/a> 56 (17th ed. 1977)<\/span><\/strong><\/p>\n

[3]: Ballantine\u2019s Law Dictionary\u00a0<\/a>with Pronunciations
\n<\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[4]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a>Legal Assistant Edition<\/a><\/em>
\nby Jack Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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