Reasonable Person

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Reasonable Person

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.



References in periodicals archive ?
Where the harm has occurred unintentionally or due to carelessness, the court will apply the reasonable person standard.
The reasonable person standard finds its roots in a time when mental disability was described by terms such as "distracted" or "lunatick," (3) over two hundred years before Thomas Jefferson acknowledged the need for legal progress.
deviating from a reasonable person standard, and then essentially
The inconvenience of the reasonable person standard in criminal law
The Court held that the trial court s inclusion of PJI 2:15 was a material deviation from the applicable legal standard in a design defect case under the Court s precedent adopting a reasonable person standard and therefore required reversal and a new trial.
to a reasonable person standard (What information would a reasonable patient want to know?
813 (2001) (discussing the role of judges and juries in applying the reasonable person standard and the Learned Hand formula).
The Court would maintain the current reasonable person standard, but analyze the facts of each case with a more critical eye, aware that most people feel coerced by even small interactions with law enforcement.
2) The reasonable person standard applies the same standard of care to all individuals.
Prior to Oncale, the use of a reasonable woman standard and a reasonable victim standard had been discussed because of the potential inadequacy of the broad reasonable person standard (Childers).