Premium Essay

Brief Introduction on Reasonable Person Standard

In: Other Topics

Submitted By EllenXu
Words 449
Pages 2
Reasonable Person
Definition
In the text “an overview of tort law” in Unit 6, several paragraphs are devoted to discussion on this standard. In fact, reasonable person standard is applied as a useful tool widely in both tort law and criminal law and sometimes even contract law. This explains why I believe that it is high time that we discuss this standard now since we covered criminal law in the last semester and have just finished learning its part in contract law and tort law.
定义:

For instance, when there is a difference between the contracting parties in the understanding of a contract, RPS will be applied. The judge shall not decide subjectively which party’s understanding of the contract is right. Instead, he should determine the right version by adopting the conclusion which will be drawn by a reasonable person on that disputed contract.

意义:
When it comes to determine whether an accused is liable for a given offence, his or her conduct will be compared to that of a reasonable person under similar circumstances.

首案:

Trial

stated the defendant "was [duty] bound to proceed with such reasonable caution as a prudent man would have exercised under such circumstances."

Appeal

arguing the jury should have instead been instructed to consider "whether he acted bona fide to the best of his judgment; if he had, he ought not to be responsible for the misfortune of not possessing the highest order of intelligence."

The court, composed of Tindal CJ, Park J and Vaughan J, rejected the defendant's argument, holding that the lower court's jury instructions were correct and therefore affirming the verdict. The court stated that to judge,

Personal circumstances

Children:
In many common law systems, children under the age of 6 or 7 are typically exempt from any liability, as they are deemed to be unable to understand the risk involved in their actions....

Similar Documents

Premium Essay

Criminal Justice 101

...force. I am assisting in the preparation of the curriculum for an upcoming two week program, which will focus on various types of searches authorized by federal law, and what is legally necessary to support these searches. Also, the process by which a search warrant is sought and issued pertaining to the Fourth Amendment Requirements. Finally, The author will define probable cause and the standard by which probable cause is met. Finally the author describes the rationale for allowing warrantless searches. This paper is informative and professionally cited. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Process by which a search warrant is sought and issued ------------------------------------------------- According to the law, a search warrant is an order written and signed by a specific court that gives authorization to law-enforcement officers to conduct a search, seizure, or arrest of a specific person, at a specific location for a specific item. When Law enforcement officers violate an individual’s constitutional rights under the Fourth Amendment and don’t have the proper legal documentation these search and seizure and arrests are invalid. Furthermore, any evidence seized will be suppressed from any criminal case against that individual whose rights were...

Words: 1590 - Pages: 7

Premium Essay

Law of Tort

...Introduction This assignment will establish the elements needed for a person to be held liable in Tortious Law. Once the elements have been established they shall then be used to determine if the individuals in each scenario would be held liable. Tort Law Tort Law in layman’s terms is a civil wrong. It does not necessarily need to be an illegal action but an action that has consequently caused harm or suffering to another. The main outcome for a person claiming they have been a victim of a tortious act is compensation. For a successful tort claim the three main elements need to be present and their needs to be a standard of proof; a balance of probabilities. The Necessary Elements As followed in Donoghue v Stevenson [1932] AC 562 i. Duty of Care ii. Breach of Duty iii. Damage caused by Breach of Duty. Causation This coincides with the three part test established in case that leads precedent in tortious liability, Caparo Industries Plc v Dickman [1990] 1 All ER 568. i. Foreseeability of Damage ii. A relationship characterised by the law as one of proximity or neighbourhood. iii. A relationship characterised by the law as one of proximity or neighbourhood Duty of Care Duty of care prior to 1932 was restricted to situations where a relationship had already been established such as a doctor-patient relationship. However in Donoghue v Stevenson that duty of care became adapted. Lord Atkin formulated a principle known as the ‘neighbour test’; ‘take reasonable......

Words: 1639 - Pages: 7

Premium Essay

Csr (Corporate Social Responsibilities

...Introduction: Social Responsibility of Business or Corporate Social Responsibility (CSR) refers to management decisions & actions taken for reasons at least partially beyond the organizations’ direct economic or technical interest. The Concept of Corporate Social Responsibility is merely in growing stage towards social effectiveness of business. It is the philosophy which justifies business involvement in its social community. The simple fact is that business is a major social institution, and as such it is importantly involved in social value. In the operation of pluralism many groups influence business and in turn business influences them. Definition of Corporate Social Responsibility given by Scholars: According to Davis Keith, (“Can Business afford to Ignore Social Responsibilities?”- 1960) Social Responsibility is defined as, “Management decisions and action taken for reasons partially beyond the organization’s direct economic or technical interest.” According to Griffin R W, (“Management”- 1997) “Social Responsibility is a set of obligations an organization has to protect and enhance the society in which it functions.” According to Davis K & Blomstrom R L, Business and Society: Environment and Responsibility”- 1975) [i] Social Responsibility is defined as, “The Relationship of Business with the Social System outside its own formal organization.” [ii] Social Responsibility is that, (Business) Decision Makers are obliged to take Actions which protect and improve......

Words: 1182 - Pages: 5

Premium Essay

Communal Violence

...  Memo: “a brief, informative document used to communicate within an office, such as between attorneys on the same side of a case.” Legal Writing: How to Write Legal Briefs, Memos, and Other Legal Documents in a Clear and Concise Style. Ed Amanda Martinsek (2009) NY: Kaplan Publishing  An analysis of the law. The goal is to explain to the reader what the law says/requires in a particular area. “A memorandum might be written, for example, after a client has asked whether a lawsuit would be worth commencing. It would be used most immediately for advice to the client. If the result is a suit, some parts of the memorandum might be read again when the complaint is drafted. The memorandum might be consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgement; a sixth time before trial; and a seventh time in preparing an appeal.” Neumann, R.K.Jr p65 What should a memo include?            Heading – Memo To: From: Date: Re: Introduction/Question Presented Brief Answer Facts Applicable Statutes (Rule(s)) Discussion – IRAC of each issue Conclusion (overall)  John Bronsteen, 2006. Writing a Legal Memo. New York: Foundation Press, pp38-65 Introduction/Question Presented:  The situation, how it engages with the rule, the legal issues that have arisen and breaking down the issue into a summary of the sub-issues. Brief Answer:......

Words: 2768 - Pages: 12

Premium Essay

Criminal Law Evaluation

...Criminal Law Evaluation In order to understand criminal law one must evaluate the different aspects that exist in criminal law itself. Understanding the purpose, sources, the jurisdictions, and the type of system the United States uses for due process allow for better insight. A brief look at criminal law through liability and anticipated crimes one are able to get a look at police power to protect citizens, remove and rehabilitate criminals. Purpose and sources of criminal law According to Max Weber, “the primary purpose of law is to regulate the flow of human interaction” (Schmalleger, 2010). Criminal law is put into place to allow for a civilized community with the feel of safety by removing criminals and attempting rehabilitation. A more specific list of the purposes of criminal law is to “protect members of the public from harm, preserve and maintain social order, support fundamental social values, distinguish criminal wrongs from civil wrongs, express communal condemnation of criminal behavior, deter people from criminal activity, stipulate the degree of seriousness of criminal conduct, establish criteria for the clear determination of guilt or innocence at trial, punish those who commit crimes, rehabilitate offenders, and assuage victims of crime” (Schmalleger, 2010). Three sources of criminal law are the Constitution, case law, and statutory law. The Constitution is the highest form of law in the United States. The Constitution does not state specific criminal......

Words: 1164 - Pages: 5

Premium Essay

Hotel

...Chapter 1 The Problem and its Background Introduction Every university has their own standards like the required units for a given course to follow. These standards are strictly implemented by the Commission on Higher Education. The idea of curriculum is hardly new – but the way we understand and theorize it has altered over the years-and their remains considerable dispute as to meaning. Education throughout history societies have sought to educate their people to produce goods and services, to respond effectively and creatively to their world and to satisfy their curiosity. To achieve any of these objectives, people need to acquire reliable knowledge and to think systematically information or specific kinds of education. For today’s generation, a technological course offers in private and public schools. They adopt the method of admission test used to select students for college and for graduate study and these serve as their devices to determine student abilities and to measure what they have learned. Before, technological courses taken in just 2 years study, nowadays the school curriculum offers for years. Sign of development as well as concerned citizen, even the policies and practices. That the students should not only concentrate their efforts on learning a job related skill but also to ponder the academics study in order to ensure the student are competent in reading, writing, and arithmetic. On the other hand, having thought to have and should give board......

Words: 1080 - Pages: 5

Premium Essay

Criminial Justice Unit 3

...this paper it discusses the probes by which a search warrant is sought and issued, who issues and what is needed to issue it. Also discusses how the warrants are issued through the Fourth Amendment and why. Discusses Probable cause and what it is and the reason why it’s called probable cause. Talks about search less warrants and gives examples of several. The rationale for allowing warrantless searches. Also the rights that an officer has during a search and why. Items or rooms that may need an additional warrant.   Criminal Justice Unit 3 The process by which a search warrant is sought and issued, in law search warrant is a written order by an official of a court. The warrant gives an authorization to an officer to search a person in a specific place for specified objects and to confiscate them if found. Under criminal code, a search warrant can be sought according to the constitution of a particular state. The objects required for a warrant may be stolen goods or physical evidence of the commission of a crime. (For example) Narcotics Smuggling, and Black Marketing. (Law Teacher.net) The constitution of the United States provides system of checks and balance among the legislative and judicial branches of government (The Fourth Amendment warrant requirement, 208). The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and taking possession by legal process. It also states that a search warrant may be issued only by pledge or......

Words: 1528 - Pages: 7

Premium Essay

Study

...| Introduction This assignment is based on a scenario in which Dalaika a 69 year old terminally ill female who has been admitted in medical ward for one month. For her pain medication the physician ordered a placebo to be altered with a low-dose pain medication. Since it was a placebo her pain has not alleviated and she is in severe pain. She tells the nurse that her pain is unbearable. The nurse approaches the physician with her concerns but he did not agree to increase her pain medication or replace the placebo. Therefore, in this paper I will discuss the ways in which nursing in the Maldives protects the rights of the patient, relatives and nurses. Moreover, ethical and legal issues in this scenario will be discussed. Professional standards A standard is an expected and achievable level of performance against which actual performance can be compared. It is the minimum level of performance. Professional standards are written as guidelines. Such guidelines help assure patients that they are receiving high-quality care. The standards are important if a legal dispute arises over the quality of care provided a patient. The main target of setting professional standards is to reflect the values of the nursing profession, clarify what the profession expects of nurses. The primary purpose of professional standards is to promote, guide and direct professional practice (Professional standards for registered nurses and nurse practitioners, 2007). Hence, these standards are......

Words: 1931 - Pages: 8

Premium Essay

Employment Law

...Introduction: The purpose of this paper is to analyze the USA employment regulation after a merge has occurred globally. This position paper is going to brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, Inc. is now a global business environment, the working individual overseas are relying on paid work, to make a living, and for the social and economic wellbeing of the community where they live, and encouraging more and more people, organizations, even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers and are a vital part of a country's efforts to protect its citizens. Most countries have their own version of laws protecting workers, but in general, employment laws address the following concerns: employees being overworked, placed in an unhealthy or dangerous environment, or rendered unable to work without appropriate compensation. In some countries, employment laws also guarantee......

Words: 845 - Pages: 4

Premium Essay

Quality Audit Importancr

...Unit: Participate in a Quality Audit Project No.: 2 Student Name: Sonia Rana Name : Sonia Rana List of Contents Description Page No. Introduction Quality Audit and Its Importance Audit Team and Their Roles Audit Procedure Entry and Exit Meetings Reporting Audit Standards Summary References 3 4-5 5-7 8-11 11-13 13-14 14-15 15 15 Page 2 of 15 Name : Sonia Rana Introduction: This paper details the importance of the Quality audit, why audit are conducted and what is the purpose of auditing. It explains the process followed to organise, complete and report the audit. Also roles of the various audit team members including external experts/technical specialists are discussed. A brief overview of the audit process, what process and techniques are used during audit process. It also includes the importance of the entry and exit meetings, why these meetings are required and what is discussed in these meetings. This paper explores about the legislations, codes of practices and quality standards that applies to a Quality auditing. Also identifies what reports needs to be made as a result of audit findings, also discusses the formats of the reports and to whom these reports should be presented. A brief conclusion is presented in the last section summarising the findings and discussions. Quality Audits and Its Importance: Page 3 of 15 Name : Sonia Rana Quality audit is the process of systematic examination of a quality system carried out by an internal or external quality......

Words: 3782 - Pages: 16

Premium Essay

Criminal Law

...cannot do and in some instances, what they must do under certain circumstances. Throughout history, all societies have had criminal codes regulating conduct .Democracies have always sought to transform their basic principles and ideals into achievable goals through a system of laws that balance the rights of individuals with the compelling needs of society as a whole. These goals include public order, domestic tranquility, and protection of the basic rights of individuals.[ii] Because governments in democracies are the servants and not the masters of the people, laws should be the product of the will of the people. Criminal justice systems in democracies operate most successfully when the majority of people believe that the laws are reasonable and that the system can operate efficiently and effectively. The issue of what laws should be enacted often causes serious public debate. Laws are enacted by elected representatives of the people they are enforced, administered, and interpreted by civil servants and elected officials in other branches of government. In the United States, those branches are the legislative branch, the executive branch, and the judicial branch. In early England, crimes such as robbery, murder, and theft were classified as private matters, which made victims responsible for remedying their own problems. Victims and...

Words: 2852 - Pages: 12

Premium Essay

From Arrest

...From Arrest To Adjudication American International University CRSJ101 10/21/2012 Katisha Howard Abstract There are different types of search warrants. In this presentation I will talk about the different types of search warrants. Also I will discuss the process of the search warrant how it is sought and issued. I also will talk about what is probable cause. As well as the standards that is met by probable cause. A search warrant is a court order that allows a law enforcement agency to search your home, car, or the office for evidence. It must state what they are allowed to search in home, car and so forth on and what they are looking for according to http://answers.ask.com/reference/other/what_is_a_search. To get a search warrant the officer must persuade a judge that they have probable cause to believe they will find evidence of criminal activity in the placed to be search. The officer do this through an affidavit, which is an oral or written statement made under oath according to the link http://www.streetlaw.org/en/page/340/search_warrants_what_Are_They_and_How_Do_They_Work. In the report the officer only identify the placed to be search and items that are to be seized. If a judge believes the officer provided probable cause, the judge will then issue the search warrant. If the judge does not believe the officer provided probable cause the warrant will not be issued. The following link has an example of a case where a search was conducted http://sandarose.com/2012/05...

Words: 1704 - Pages: 7

Free Essay

Advnvijayaraj-Medicalnegligence

...LICENSE TO KILL? A critical analysis over the pros and cons of the concept of Medical Negligence, in both civil and criminal aspects Introduction Disease, its cause, what may abate the ill: Let leech examine these, then use his skill- Kural All professions are noble as long as they are performed honestly. Professionals like Doctors, Lawyers, Teachers etc. are in the category of persons professing special skills. Any man practicing a profession requires particular level of learning, which impliedly assures a person dealing with him, that he possesses such requisite knowledge, expertise and will profess his skill with reasonable degree of care and caution. It should be taken in to consideration that the professional should command the “corpus of knowledge” of his profession. Since long the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to “medical negligence”. Public awareness on medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. The health service has been under the purview of the Consumer Protection Act, 1986 and subsequently the commercialization of the health sector has had adverse effects on doctor and patient relationship. The......

Words: 6228 - Pages: 25

Free Essay

Let1

...organization. Objective 317.1.5-11: Define the relationship between power and dependency in an organizational setting. [pic] Introduction: Corporation A was founded in 1989 and focuses on creating marketing programs for the real estate industry. The corporate mission of Corporation A is to help clients improve their real estate sales. The Corporation A team is comprised of professionals with varied backgrounds and experience levels. The company prides itself on fostering a team environment throughout the organization. Given: Employee 1 has worked in the marketing department at Corporation A for 12 years. In the marketing department, employees who earn a superior rating on their yearly performance evaluation receive a large bonus at the end of the year. Employee 1 often comes into the office on weekends or stays late to ensure the work is complete and accurate. The marketing manager encourages employees to work beyond the requisite 40 hours a week by reminding them of the yearly bonus for receiving a superior rating on their next evaluation. Employee 1 is planning to use the bonus for a well-deserved vacation that would be unaffordable without the bonus. Employee 2 is the only certified public accountant (CPA) in the accounting department at Corporation A. Employee 2 has negotiated with the accounting manager to work a four-day work week and is the only person in that department allowed to work a compressed work week. The accounting manager agreed to the shortened......

Words: 2117 - Pages: 9

Premium Essay

Hospitality Service Excellence

...essay first gives the brief introduction of service excellence and service failure, and identifies the causes of service failure in this case study. Then, it will apply the concepts of service recovery into the hospitality industry, and come up with some solutions according to the theories. At last, the essay will evaluate the contention that service failure whether can be recovered or not. In order to get a better understanding of the case study, this paper begins with the brief introduction of service excellence and service failure that in relation to the provision of hospitality services. Service excellence is an integrated approach to business that organizations set customers in the centre of all the activities (Clark and Baker, 2004). There is no exactly definition of service excellence, but some researchers (Horwitz and Neville, 1996; Dobni, 2002) pointed out that service excellence refers to the provision of service exceeds the customer's previous expectations. In a word, service excellence is not only meeting customer requirements but also about exceeding their expectations. Conversely, service failure can be defined as that the service does not meet the customer expectation and requirement. Service failure often occurs in the process and the outcome of the service delivery (Lewis and McCann, 2004). As pointed by Kandampully, Mok and Sparks (2001) that service failure depends on the customer's perception, no matter the perceptions are reasonable or fair. As a......

Words: 2321 - Pages: 10