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Reasonable Person |
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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. 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 compared to that of a reasonable person under similar circumstances. In most cases, persons with greater than average skills, or with special duties to society, are held to a higher standard of care. For example, a physician who aids a person in distress is held to a higher standard of care than is an ordinary person. Cross-referencesHow to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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To this day, the reasonable person standard continues to be questioned in court. Exceptions to the reasonable person standard when a litigant is a minor or a child of "tender years" are widely accepted. 1990) is in conflict with other Circuit Courts of Appeal, which have adopted a reasonable person standard in judging a hostile or abusive work environment. |
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