Questions tagged [reasonableness]
7 questions
14
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Can a previously binding precedent be overturned based on its rationale being outdated?
Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general social conditions like an observation of what is…
TylerDurden
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6
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Does the "reasonable person" standard change based on social acceptance?
The "reasonable person" standard is the standard of care that a reasonably prudent person would observe under a given set of circumstances. It serves as a comparative standard for courts to assess liability. However, Society is constantly evolving.…
Digital fire
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Force allowed against pickpocket
If a victim catches a pickpocket in the act, what degree of force is legally justified by the victim against the pickpocket, given that pickpockets do not usually pose a threat of violence, but the victim wants their property back?
Can the victim…
FlanMan
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2
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The reasonableness in UK stalking laws
Deos the behaviour have to be unreasonable or does the behaviour have to cause distress in a reasonable person? These seem to be non-identical points, as I can point to instances where unreasonable behaviour would not cause distess in a reasonable…
user52187
0
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1 answer
What is - and isn't - "harassment" "alarm" and "distress"?
Certain controversial and seemingly ill defined and subjective provisions like s4a or S5 public order offences, or anti social Behaviour legislation rely on terms like harassment alarm and distress. These terms seem to inherently lend themselves to…
JosephCorrectEnglishPronouns
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Disabling a neighbour’s malfunctioning alarm
A neighbour’s burglar alarm is malfunctioning and thus sounding endlessly. Bob calls the company marked on the system to try to get someone down to investigate the situation and they hang up the phone in his face because he isn’t the account holder.…
TylerDurden
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When is a polite euphemism a binding command?
Bob is eating in a café and is approached by a manager who says to him “if you don’t mind, I’m going to have to politely ask you to leave.”
Bob nods in acknowledgment at what was said, but, as he does mind, and it does not happen to tickle his fancy…
TylerDurden
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