| 释义 |
reasonable person
(reasonable man) A hypothetical and artificial creation of the bench whose imaginary characteristics and conduct by way of foresight, care, precautions, and the like are frequently referred to as the standard for judging the actual foresight and care etc. of a particular defendant. Considered a man or woman of ordinary prudence (Vaughan v Menlove (1837) 3 Bing NC 468), the reasonable person was famously if apocryphally defined by Bowen LJ. as the ‘man on the Clapham Omnibus’ (McQuire v Western Mornings News Co Ltd [1903] 2 KB 100). The standard of care in actions for negligence is based on what such a person might be expected to do considering the circumstances and the foreseeable consequences. The standard is not entirely uniform: a lower standard is expected of a child, but a higher standard is expected of someone, such as a doctor, who purports to possess a special skill. The continuing use of the phrase is discussed in Healthcare at Home v The Common Services Agency [2014] UKSC 49 [1]-[4], [2014] 4 All ER 210. |