Reasonable Man Essay

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The Concept of "The Reasonable Man" as it applies in Negligence actions.
First of all to understand fully the concept of the reasonable man as it applies in Negligence actions an individual needs to understand the concept of law. Law in general can be described as a body of rules imposed by the State and its members. The Law sets a minimum standard of behaviour to maintain for the common good. The Law of Torts has been developed over time and serves a number of purposes, which is mainly influenced by a number of different sets of values. In the tort of Negligence, it can be described as a civil wrong. Negligence is also described as falling under certain standards and as a result of this, breaching a standard of care owed, of the "Reasonable …show more content…

An injury must be a consequence in which a reasonable careful man would see as a possible outcome of the defendant’s actions. A key case for this is Wagon Mound. In this case it was a civil dispute, damage was caused and a there was a breach of a certain amount of duty of care owed. It was found that the owners were not liable and there was a cut off point to the liability and they were only liable in the end for the damage that was foreseeable. This case introduces a new principle, the idea of reasonable foresee ability and it’s very important as one of the essentials of a Negligence case.
A breach of duty looks at the legal question the content of the duty and the factual question the existence of the duty of care.
When the extent of the duty owed by the defendant to the plaintiff is looked at and determined the events following up to the incident of the injury is then examined to find out if the defendant discharged the duty. Even in similar situations where a breach of the duty of care has been distinguished, liability is not always necessarily attached to the plaintiff. Failure alone of the standard of care doesn't give rise to a cause of action for

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