Sentences with phrase «of a reasonable person»

All that means is that calling someone a fraud would tend to diminish their standing in the eyes of a reasonable person.

The correct approach was to consider the reaction to the injury of a reasonable person in the objective circumstances of the claimant.

In determining whether a driver was sufficiently careful, the law compares the driver's conduct with the behavior expected of a reasonable person.

With the specific situation that you describe there is certainly the possibility that «As featured in» might be confused with «recommended by» in the mind of a reasonable person.

No, but it does mean that a lot of reasonable people came to a consensus.

The property owner will normally be held to the standard of care of a reasonable person acting under the same or similar circumstances.

But plenty of reasonable people know a bad teacher when they see one like the ones who don't bother to go to work.

Most of us reasonable people thought it was a flash in the pan and would go away.

There is no vast middle full of reasonable people.

The test on whether or not a jury verdict is inadequate is if a jury of reasonable people could have returned that jury verdict.

But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.

To decide whether a driver was careful enough, their conduct will be compared to what kind of conduct would be expected of a reasonable person.

We will never change the mind of this administration or the 28 % of the electorate that supports it — leaving a whole lot of reasonable people to be convinced.

Finally, the tests identified in this article, including those where there has been an implied affirmation or termination will rest on the facts of the individual case and by looking at all the circumstances from the perspective of a reasonable person in the position of the innocent party.

You'd think this was a case of 1000 people rioting with an unplanned break out of reasonable people in response (1/4 million reasonable people).

So, to assess my alleged contributory negligence, the fact finder will need to decide whether the act of carrying the suitcase accords with the conduct of a reasonable person, in like or similar circumstances.

That is a sign of reasonable people.

Thank goodness we had that spat of reasonable people who came in and realized that was wrong, and that states shouldn't be controlled on a religious basis... and it's too bad we, the western world had to go and exploit the middle east and Africa so much that we'd drive their oppressed peoples into the arms of fanatical extremists

The only way Santorum gets elected is if the majority of reasonable people in this country just decide not to vote.

@Barmar the weasel word opens up the possibility of a reasonable person standard, meaning that jurors wouldn't have to determine whether they actually think the accused had such an intention, but only whether a «reasonable person» might make such a determination.

Is this the action of a reasonable person?

Am a good young girl with loving characters, am softhearted girl who believe life is good, am positive kind of girl i have the company of reasonable people because am the kind of girl who take people as they are, i like t..

One downside of all reasonable people finally agreeing that women deserve to be treated like human beings is the exploitation of «feminism» to sell all manner of useless crap that either have nothing to do with leaning in (pens, shoes, cereal) or will probably hurt women in the long run (guns).

If you have followed the instructions properly and to the best of a reasonable person's ability then the ombudsman should rule in your favor.

The Supreme Court returned to the matter two years ago in Cusack v Harrow London Borough Council [2013] UKSC 40, [2013] 4 All ER 97, making plain that gone were the former «rules» of construction — at best they are now to be understood as principles or guidelines to the common sense understanding of the reasonable person.

The Judge disagreed, finding that the travel to and from the zip line would have been in the contemplation of a reasonable person who had read the Release.

In the Wagon Mound No. 2 Lord Reid formulated the idea of the reasonable person, which is now a cornerstone of tort law.

After you've confirmed that the reasons for a stigma are factual, ask yourself if knowledge of the stigma would affect the willingness of a reasonable person to buy the property or would change the amount that person was willing to pay.

The impugned words must be defamatory, in the sense that they would tend to lower the plaintiff's reputation in the eyes of a reasonable person;

In other words, in order for a judge or jury to convict, the Crown must prove their case to the extent that there is no reasonable doubt left in the mind of a reasonable person that the defendant is guilty.

It follows that we must be concerned not only with whether the duty is in fact interfered with but also with the perception of a reasonable person, fully apprised of the relevant circumstances and having thought the matter through.

In the case of R. v. Roy, the Supreme Court of Canada found that the trial judge erred in law by inferring from the fact that Roy had committed a dangerous act while driving that his conduct displayed a marked departure from the standard of care expected of a reasonable person in the circumstances.

when the employer's ongoing conduct demonstrates an intention to no longer be bound by the employment contract, from the perspective of the reasonable person.

If the victim is 5 or over, he may be contributorily negligent if he failed to exercise that degree of care of reasonable person of like age, intelligence, and experience under like circumstances.

However, any misrepresentation must be of a material fact, which is defined as one which «would be likely, under the circumstances, to affect the conduct of a reasonable person...» Thus, when a seller receives an affirmative inquiry regarding the condition of a piece of property, the buyer is entitled to a truthful answer.

Although you might feel ashamed or even fearbeing shunned for having herpes in the first place, there are still a lot of reasonable people out there who understand that being HSV - positive doesn't necessarilymean that you've had unsafe sex.

breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),

Negligence: The failure to exercise the care that is expected of a reasonable person in similar circumstances.

[65] I find Mr. Pritchard has proven that Ms. Van Nes» initial Facebook posts and her subsequent replies to her «friends»» comments were defamatory, in that they tended to lower the plaintiff's reputation in the eyes of a reasonable person.

A negligence claim exists when a person is injured because another person did not use the required standard of care (typically defined as that of a reasonable person) in his or her behavior.

Massachusetts law holds someone responsible if they failed to do what would have been expected of a reasonable person to prevent foreseeable harm.