reasonable person standard


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reasonable person standard

Reasonable man standard Law & medicine A standard of behavior that is appropriate and expected for a mentally stable or 'reasonable' person under particular circumstances. See Canterbury v Spence, Contributory negligence, Negligence.
References in periodicals archive ?
The data in this Article suggest that applying an accurate reasonable person standard would require the Court to consider carefully the level of granularity at which it describes the reasonable person.
Maclin, "Black and Blue Encounters," supra note 11, at 250-51 (treating the average person and reasonable person similarly); Steinbock, supra note 9, at 522-23 (explaining that the reasonable person standard "operates like a bell curve, with the reasonable person defined as a certain number of standard deviations from the mean.
The reasonable person standard is based on the behavior of an average member of the community balancing the costs and benefits of expenditures on care.
Although the reasonable person standard has emerged as the standard of choice in most North American jurisdictions, (22) it is not without its detractors.
The EEOC and the courts have adopted what is known as the reasonable person standard to evaluate behavior that is being assessed in terms of whether or not it constitutes unwelcome, offensive sexual conduct.
The reasonable person standard does not suggest how to apply itself.
Exceptions to the reasonable person standard when a litigant is a minor or a child of "tender years" are widely accepted.
Wholesale Travel Group Inc, 1991, it furnishes the accused with a legitimate defence which is similar to the reasonable person standard in tort law.
According to Veatch, this might be accomplished in three ways: By "explicit consent," in which subjects agree to participate after full disclosure of information deemed relevant according to the reasonable person standard.
In other states, the negligence standard is based on a reasonable person standard, objectively determined.
In fact, the Supreme Court's criminal procedure jurisprudence is even further removed from the current debates surrounding the reasonable person standard because the Court tends to shift opportunistically from case to case between subjective and objective standards and between whose point of view--the police officer's or the defendant's--it considers controlling.
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.