The Reasonable Man: Subjective and Objective Standard . In criminal trials, jurors are often instructed to decide whether the defendant is guilty or not by applying an objective test in which the defendant’s actions are compared to those of a “reasonable person” acting under similar circumstances. The reasonable person test If the jury was satisfied that the defendant was provoked, the test was whether a reasonable person would have acted as the defendant did - an objective test. A PRACTICAL APPLICATION OF THE TEST Not going home when she was unwell at work. This definition is supplemented by a longer legal information article called The Reasonable Man - Law's Ghost God. Civil or criminal cases involving negligence use the reasonable person standard as the basis for comparison when deciding issues of liability. This reasonable person standard can be used to put a situation in context and to ensure that the decision maker does not rely on his own, perhaps limited or skewed, perspective. The test of breach of duty is generally objective, however, there may be slight variations to this. If on the other hand, a reasonable man could not have foreseen the consequences, then they are too remote. feminists objected to the reasonable person measure in hostile working environment cases,9 however, because in their view the reasonable person standard was, in reality, based on what a reasonable man would do.10 Cultural feminists argued that the standard did not take into account the One of the most important arguments used in negligence law is that of the "reasonable person," which provides the standard by which their conduct is judged. "Reasonable person" is a legal expression used in both criminal and tort law. Similarly, higher standards of reasonable behaviour must necessarily be applied to those in more senior roles or with greater levels of responsibility. It was held in Camplin [13] that the accused's age and sex could be attributed to the reasonable man when the jury considered the defendant's power of self-control. There are a number of exceptions to the general rule, as follows. For example, the response of a 'reasonable person' in a Chief Surgeon's position to any given situation is likely to differ substantially to that of an Assistant in Nursing. Also reasonable person. In Australian law, the reasonable person has been characterised as "the man on the Bondi tram" - an average member of society, who has various generalised attributes including risk aversion, sound judgment and a sense of self-preservation, which prevents them from walking blindly into danger. If the consequences of a wrongful act could be foreseen by a reasonable man, then they are not too remote. `Reasonable man test: Breach will be established if D did not act in a reasonable manner. The conduct of the reasonable man serves as a comparative standard for determining liability. In this case, an individual of “lower intelligence” (as noted in the case) built a shoddy haystack too close to the plaintiff’s land. 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 … The defendant was warned that the haystack was poorly constructed, but ignored this advice. It also draws out assumptions concerning the construct of the reasonable person — assumptions that may underlie some of the disagreements as to the value of this standard. The “reasonable person” standard is an objective test in personal injury cases that jurors use to determine if a defendant acted like other people would have in the same situation. In UCTA the person relying on an exclusion clause has to prove that it is reasonable.Whilst the reasonableness test gives the courts the flexibility necessary to adapt to the huge variety of exemption clauses, it means that the uncertainty faced by contractors prior to 1977 still remains. Legal definition of reasonable person: a fictional person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something (as the existence of negligence) —called also reasonable man. The reasonable person test If the jury was satisfied that the defendant was provoked, the test was whether a reasonable person would have acted as the defendant did - an objective test. In Levitt, the British Columbia Court of Appeal wrote: Reasonable Man Test: An objective test which asks: "What would a reasonable person of ordinary prudence have done in the defendant's situation?" The inscrutable concept for determining whether or not, in a given situation, conduct is negligent; thus exposing a person to liability and damages. The standard requires one to act with the same degree of care , knowledge, experience, fair-mindedness, and awareness of the law that the community would expect of a hypothetical reasonable person . If on the other hand, a reasonable man could not have foreseen the consequences, then they are too remote. This hypothetical person referred to as the reasonable/prudent man exercises average care, skill, and judgment in conduct that society requires of its members for the protection of their own and of others' interests. Subjective intent is immaterial in asserting liability.q The ‘reasonable person’ test is one of those legal quirks that form an enduring part of the common law, despite being very hard to actually define. It is also a very important requirement in when the RITP applies his/her mind to a decision regarding compliance with the Code by the PA. For example, 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. 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