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In law, a reasonable person, reasonable man, sometimes referred to situationally, [1] is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy. [2] [3] It is a legal fiction [4] crafted by the courts and communicated through case law and jury instructions. [5]
A person of substandard intelligence is held under common law to the same standard of a reasonable prudent person, to encourage them to exert a decreased effort of responsibility to their community, in light of their handicap, and as a result of the practical difficulty of proving what reduced standard should apply (Vaughn v.
The reasonable person model (RPM) is a psychological framework which argues that people are at their best when their informational needs are met.Positing that unreasonableness is not a human trait, but rather the result of environment (context and circumstances), the RPM attempts to define the environments/actions that foster reasonableness, defining three key areas that assist with this ...
The prudent man rule is based on common law stemming from the 1830 Massachusetts court formulation Harvard College v. Amory. [1] The prudent man rule, written by Massachusetts Justice Samuel Putnam (1768–1853), directs trustees "to observe how men of prudence, discretion and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of ...
In its most common sense, rationality is the quality of being guided by reasons or being reasonable. [1] [2] [3] For example, a person who acts rationally has good reasons for what they do. This usually implies that they reflected on the possible consequences of their action and the goal it is supposed to realize.
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the ...
Prudence (Latin: prudentia, contracted from providentia meaning "seeing ahead, sagacity") is the ability to govern and discipline oneself by the use of reason. [1] It is classically considered to be a virtue , and in particular one of the four cardinal virtues (which are, with the three theological virtues , part of the seven virtues ).
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...