Common

Reasonable person

Hypothetical person of legal fiction

Reasonable person

Common card · No. 396011

In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an uncommon set of facts, this person represents a composite of a relevant community's judgment as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the "officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the art" in patent law....

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