SOSC 1375 Lecture Notes - Reasonable Person, Eggshell Skull, Mens Rea
24 Nov 2013
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[for the reading: what"s the problem of applying the standard of a reasonable person?] Derived from a latin word meaning a wrong". Dates back to a time when courts first saw the need to remedy a wrong. Covers cases where a person causing an injury has no lawful right to do so. Most of our criminal law was once tort law. Courts have to balance individual freedom and injury when deciding negligence cases. First time the courts articulated the standard of a reasonable person. An english tort case concepts of the reasonable person were first elaborated by judges. Mr. menlove built a haystack near his neighbor"s property, which wasn"t properly built. Two of mr. vaughn"s cottages were destroyed in a fire. The jury in the trial had to decide whether mr. menlove proceeded with such reasonable caution as a prudent man would have exercised under such circumstances. Duty of care: right duty relationship" in tort law.
