Reasonable
Disputes & Litigation

The word “reasonable” in law means fair, proper or moderate having regard for the circumstances. It is most frequently used as a word fixing a standard of assessment. Use of the word imports an objective test to the noun with which it is used.

The word is used in a plethora of different contexts in law; instances include  “reasonable price”, “reasonable person”, “reasonable time” or “reasonable force”.

In the context of the Law of Negligence, a reasonable person is a hypothetical person used as a legal standard to determine whether the claimant has breached their duty of care to the defendant in the particular case, by failing to take reasonable care. The use of the word “reasonable” introduces concepts of ordinarily expected degrees of intelligence, knowledge, attentiveness and judgement. Such a person will act with proper but not excessive precautions, sensibly, and does things without serious delay, in the circumstances. In this way, notions and standards of behaviour and responsibility correspond with those generally obtained by ordinary people.

For instance, a reasonable person may be said to have conducted a search of the Register of Trade Marks prior to using a trade mark in the course of their business.