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Politics : Sharks in the Septic Tank

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To: Neocon who wrote (50868)6/13/2002 5:05:07 PM
From: The Philosopher  Read Replies (2) of 82486
 
I think the difference here is that the "reasonable person" standard, as Black's dictionary points out, is a doctrine of negligence.

What courts may do is ask basically whether it was reasonable to expect that a person understood what they were doing. But that is a different thing from the legal standard of the reasonable person.

But it's more verbiage than anything else. Except that for the purity of law, the term reasonable person is a term of art which applies to tort liability.

If some sites, or even some courts, borrow the term to use in contract cases, that may be convenient, but is technically not the reasonable person doctrine.
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