Hotten said that "the
reasonable person standard is less demanding than the heightened 'reasonably competent healthcare provider' standard applicable to a healthcare practitioner."
The
Reasonable Person Standard Would Alleviate Some of the
This article considers when it is necessary and, if so, appropriate, to modify the legal standard of care to account for these various roles--for example, by imbuing the reasonable person with certain personal characteristics--and rejects the view that the
reasonable person standard should always be applied equivalently (or uniformly) to defendants and plaintiffs.
Canada inherited the
reasonable person standard from England in Vaughn v.
reasonable person standard, is both dangerous and ineffective when
(89) Undoubtedly, the presence of these symptoms in a given case should lead us to question whether an individual encumbered by Alzheimer's has the capability of attaining the
reasonable person standard.
The
reasonable person standard, on this view, is at best
(161) The
reasonable person standard is an objective standard.
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).
Smith, explicitly rejected a
reasonable person standard. (4) The Missouri Supreme Court's decision, although sympathetic towards injured employees, serves to undermine the primary purpose of Missouri's workers' compensation law.