The reasonable person is a legal tool for judging conduct against an objective standard rather than relying only on an individual's personal judgment. This lesson introduces the concept, its uses, and its historical development.
The reasonable person is a hypothetical figure whose conduct is used to assess what care or judgment the law expects under particular circumstances. Courts develop and communicate the standard through case law and jury instructions. It is a legal fiction: it is not a real person whose personal views can simply be surveyed.
All flashcards
What is the reasonable person standard?
An objective legal benchmark, represented by a hypothetical person, for deciding what conduct or care was reasonable in the circumstances.
Why is the standard not simply the average person?
Average behavior can be careless. The law asks what conduct is reasonable, not merely what people commonly do.
What did Vaughan v. Menlove establish?
It favored an objective prudent-person standard over a subjective test based on the defendant's own judgment or abilities.
Name two areas where the standard is used.
It is used in negligence, including tort and criminal negligence, and in contract law to assess matters such as assent or intent.
What is the reasonable military commander standard?
A related legal standard used by international courts to assess the conduct of military officers during wartime.
Quiz questions
Which three variables does the Hand Rule weigh when considering whether precautions are required?Answer: Probability of harm, gravity of harm, and burden of precautions
How is a child's conduct generally assessed under the child standard?Answer: By comparing it with a reasonable child of similar age, intelligence, and experience
How does the emergency doctrine affect evaluation of a person's conduct?Answer: It requires consideration of urgent conditions rather than judging the response solely with hindsight.
What does contractual assent generally depend on under the objective approach?Answer: What a reasonable person in the parties' position would understand from their words and actions
Does following a safety statute's minimum requirements necessarily prove that reasonable care was taken?Answer: No; further precautions may be required by the circumstances.
Based on the Wikipedia article Reasonable person, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.