Reasonable person in the context of "Duty of care"

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⭐ Core Definition: Reasonable person

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. Ancient predecessors of the reasonable person include the bonus pater familias (the good family father) of ancient Rome, the bonus vir (the good man) and spoudaios (the earnest person) in ancient Greece as well as the geru maa (the silent person) in ancient Egypt.

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👉 Reasonable person in the context of Duty of care

In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).

Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.

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Reasonable person in the context of Reasonable suspicion

Reasonable suspicion or reasonable articulable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'"; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual. If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may "frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous.

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Reasonable person in the context of Nursing research

Nursing research is research that provides evidence used to support nursing practices. Nursing, as an evidence-based area of practice, has been developing since the time of Florence Nightingale to the present day, where many nurses now work as researchers based in universities as well as in the health care setting.

Nurse education places focus upon the use of evidence from research in order to rationalise nursing interventions. In England and Wales, courts may determine if a nurse acted reasonably based upon whether their intervention was supported by research.

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Reasonable person in the context of Standard of care

In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.

The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person; this is sometimes labeled as the "reasonable physician standard". It was famously described in Vaughn v. Menlove (1837) as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances".

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