"Reasonable Man Test"?
I am stuck on my legal aspects of nursing practice assignment. I need to find out what is the reasonable man test. Can anyone help?
- Anonymous1 decade agoFavourite answer
1.Business Definition for: reasonable man test
Dictionary of Insurance Terms
reasonable man test
See also tort, unintentional
Dictionary of Insurance Terms
individual action or failure to act as a reasonably prudent person would under similar circumstances, resulting in harm to another. Also called negligence. A reasonably prudent person is defined by the standards of the profession that are followed, and the level of expertise expected of a person with like training. An example is a CPA who fails to complete tax returns on behalf of a client according to Generally Accepted Accounting Principles (GAAP).
2. In English jurisprudence, the highest test as to whether an action was blameless is whether a reasonable man in that position would have done the same thing. This test is considered "objective" in that it is imposed by the court from its own point of view, as opposed to the weaker, subjective, test of whether or not the party in question thought what they were doing was acceptable.
The test can be further broken down into one concerning a reasonable man with:
the same actual knowledge as the party in question;
the constructive knowledge the party should have had
The standard is a reasonable man knowing the same things as the party in question. This might be termed a "semi-objective" test.
Constructive knowledge and notice
Constructive knowledge is information that the actor can be relied upon by third parties to posess. Events and circumstances may put a person "on notice"; a reasonable man would investigate further.
Hence the full "reasonable man" test is the action of a reasonable man having the knowledge that was actually posessed, knowledge that ought to have been possessed, constructive knowledge, and respecting statutory duties. There is a further twist in the tail: in different circumstances, a different kind of "reasonable man" is presumed, to reflect the kind of person that ought to put themselves in a given position. So, trustees investing trust property ought to act as "ordinary reasonable men of business".
3. Peak organisations are often requested to prepare and submit a professional or "expert" opinion concerning the facts of a litigation in which negligence is alleged. As leaders in the field of adventure education, Project Adventure Inc, and its licensee Project Adventure Australia, have been approached on many occasions to prepare similar opinions concerning the safe operation, or otherwise, of particular adventure-based activities, including Challenge Ropes Course elements.Source(s): http://www.encyclopedia.com/doc/1P3-1205770021.htm... http://everything2.com/e2node/Reasonable%2520man http://www.encyclopedia.com/doc/1P3-1205770021.htm...
- RoseannLv 45 years ago
They are not reasonable. They won't accept your arguments no matter that you treat them with the respect they deserve as our brothers in this world. They just hear something and walk away. In everyone of the Watchtower books they distribute there are constant attacks to the catholic Church. They must respect our church as we respect theirs. Are all brothers or not? Is it constructive their attacks to other churches causing more division among human beings? When the world is going to end? Several dates have been posted by them. We have survived all and now we have a new one. The list of their errors is large. You may find them if you make a search in the internet as I did. ,