Tuesday, April 23, 2019
Critically consider the position of the 'reasonable person' in both Coursework
Critically consider the position of the reasonable individual in some(prenominal) the laws of contract and negligence. Uses cases and examples from both areas of laws to illustrate your answer - Coursework ExampleIt will critically evaluate the concept and how it intersects with these branches of law. The ponder will review the concepts in light of examples and other aspects of judicial precedence.The reasonable man person results a healthy standard against which a defendants culpability can be evaluated. If he is found to abide behaved as a reasonable person would have under similar circumstances, he might be owed compensation rather than a punitive penalty. (Donovan, 2013, p. 100).This means the concept of a reasonable person exists to provide a basic standard of a expectation that a person of a certain take aim of mental awareness should be able to foresee and deal with. This means that a reasonable person is deduced through an assessment of what an individual will have ide ally considered in similar situations and contexts.The usage of the principle of reasonable person varies across different branches of law. It is utilised in criminal law and may be varied in setting the standard of care or standard of responsiveness based on the category of law that is being discussed.In the law of contract, the standard of a reasonable person is much invoked to examine the actions of a party in relation to a contract that is seen as an arms-length transaction or not. This is meant to ascertain if the contract was fair or not and hence, it provides guidance on how the law was put unitedly and how the legal convention was utilised in dealing with people and in dealing with various processes that culminated in the formulation of the contract.A contract is a legally enforceable agreement between two parties with an pattern to create a legal relationship and it goes through the stages of offer, acceptance and mutual exchange of consideration (Hunt, 2014). A contrac t is voluntary and hence, each party must enter the contract willingly and without duress.Therefore, it can be stated that in cases where a person enters a
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