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An Introduction to the Nature and Role of the Reasonable Person Standard in Asian Civil Law Jurisdictions |
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| รหัสดีโอไอ | |
| Creator | Alessandro Stasi |
| Title | An Introduction to the Nature and Role of the Reasonable Person Standard in Asian Civil Law Jurisdictions |
| Publisher | คณะนิติศาสตร์ มหาวิทยาลัยนเรศวร |
| Publication Year | 2558 |
| Journal Title | วารสารนิติศาสตร์ มหาวิทยาลัยนเรศวร |
| Journal Vol. | 8 |
| Journal No. | 2 |
| Page no. | 45-63 |
| Keyword | Reasonableness, Person of Ordinary Prudence, Asian Civil Law Jurisdictions, Standard of Care, Negligence. |
| ISSN | 1906425(Print); 2465-3829(Online) |
| Abstract | AbstractThe reasonable person is a legal fiction of normative appeal that plays an importantrole in many different areas of private law, public law and criminal law. Such standard ispresent in both contract and tort law. In the area of contract law, it can be used todetermine contractual intent, breach of the standard of care or fairness of terms andconditions. In tort law, the reasonable person standard is applied to assess possiblenegligence. The reasonable person standard is based on the broader concept ofreasonableness, which is used to derive various open ended legal expressions. Eventhough terms such as reasonable doubt, reasonable decision-making and reasonablecare have different meanings, the concept of reasonableness acts as a common threadlinking these instances of use.This paper attempts to convey an understanding of the reasonable person standardas it is applied in the civil law systems of Asian countries: who is the reasonable personand how can the reasonableness or "prudence" of his/her conduct be analyzed?After addressing these issues, the paper will analyze the application of the reasonableperson standard in contract law and tort law of Asian civil law jurisdictions with a specialfocus on the legislation of Thailand, Japan, and the Philippines. |
