Posted by Ward on November 25, 2004
In Reply to: 'reasonable and prudent man' test posted by Lewis on November 25, 2004
: : There is in US jurisprudence a 'reasonable and prudent man' test which is used to determine if an individual should have forseen the consequences of an action. Is this a US concept, or is it taken from English common law or prior law in the UK?
: it is derived from English 'common law'. there are variations, bu the most famous is "the man on the Clapham omnibus" - a mythical person who peceives the relevent facts and has an opinion.
: the 'reasonable and prudent man' is a variation and the requirement for prudence is probably a reference to the reasonable investor/business person. it sounds like a term from 'due diligence' in the performance of a duty.
: 'reasonableness' is an amazingly big legal topic and you can find people who have devoted their careers to defining it.
: I once had a case due to be heard in the House of Lords on the question of the meaning of the word 'likely'. Before trial, a piece of legislation was passed that made defining the meaning unnecessary, so funding was pulled.
: Shame that.
Lewis: Thanks and a happy holiday season to you and yours. I've spent many happy times in the Stratford and Coventry area around Christmas.