A CRITICAL STUDY OF REASONABLE AND ORDINARY PERSON FOR DETERMINING FAULT IN TORT LIABILITY | ||
| مطالعات حقوق خصوصی | ||
| Article 5, Volume 40, Issue 1, April 2011 PDF (338.7 K) | ||
| Author | ||
| Hassan Badini | ||
| Abstract | ||
| According to the standard of reasonable and ordinary person, negligence consists in doing something which a reasonable and ordinary person would not have done in that situation or omitting something which a reasonable and ordinary person would have done in that situation. In this article, descriptive and normative content of reasonable and ordinary person has been studied; It's ambiguities have been clarified and regarding relevant aims and foundations, some misunderstanding of it have been reconsidered and finally have offered proposals that is thought to result in convergence and coherence of legal system. According to the standard of reasonable and ordinary person, negligence consists in doing something which a reasonable and ordinary person would not have done in that situation or omitting something which a reasonable and ordinary person would have done in that situation. | ||
| Keywords | ||
| Appréciation in abstracto; Appréciation in concreto; Civil equality; Common sense; Imputability; Physical disabilities.; Right of liberty; Right to security; The reasonable and ordinary person; The rule of law | ||
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