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How confident are you that, in the context of a torts case, your actions would be...

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kisstopher603 | Valedictorian

Posted April 20, 2013 at 3:06 AM via web

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How confident are you that, in the context of a torts case, your actions would be considered in hindsight as those of a "reasonable person"?

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K.P.L. Hardison | College Teacher | eNotes Employee

Posted May 29, 2013 at 1:35 AM (Answer #1)

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In tort cases, the concept Holmes' Reasonable Man (Human) is applied to the actions of the defendant (the answering the plaintiffs accusations). The reasonable person concept dictates that individuals within society act in ways that any reasonable person would do. Examples might be that a reasonable person--one who has a reasonable understanding of cause and effect, of right and wrong, of endangerment and caution--would not set off fireworks in a crowd of people; would not run out into oncoming traffic; would not pick a quarrel on a public street; would not leave property in unsafe conditions.

The way to ensure that your actions today would, in hindsight in context of a potential future tort case, be considered reasonable is to understand the standard values of your culture and society, understand the values and concepts of right and wrong, act cautiously without callous disregard for endangerment and conduct yourself in a rational manner in public and private.

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