Outline how the "reasonable person" concept can be interpreted in different ways. How can it lead to one interpreting this concept normatively?
What will be an ideal response?
We expect people will act in ways that would be normal or average. A "reasonable" person does what we could expect the ordinary, average person to do. But, the average person doesn't always read, or understand, warning labels or terms of service. The average person standard when applied to consumers might exempt too many consumers from responsibility for their own acts. Especially when applied to producers, the average person standard sets the bar too low. We can expect more from a person who designs, manufacturers, and sells a product than average, especially if the product is intended to an adolescent or teen consumer.
These factors lead many to interpret the reasonable person standard as a standard of thoughtful, reflective, and judicious decision making. The problem with this, of course, is that we might be asking more of average consumers than they are capable of giving. Particularly if we think that vulnerable consumers deserve greater protection from harm, we might conclude that this sense of reasonable is too stringent a standard to be applied to consumer behavior. On the other hand, given the fact that producers do have more expertise than the average person, this stronger standard seems more appropriate when applied to producers than to consumers.
You might also like to view...
A ________ is a summary description of a characteristic or measure of the sample
A) statistic B) confidence interval C) sampling distribution D) confidence level E) summary judgment
After the copyright period runs out, the work enters the public domain
Indicate whether the statement is true or false
Which of the following promises in consideration of marriage would be outside the statute of frauds?
a. In consideration of Joan's promising to marry him, Dwight promises to pay her an allowance and to give her all of his property upon his death. b. John and Mary mutually agree that their marriage shall not affect the existing property rights of the other. c. John and Joan mutually promise to marry each other in a formal ceremony on June 23. d. Joan promises to release a money judgment against Steven in consideration of his marrying her.
If an investment project would make use of land which the firm currently owns, the project should be charged with the opportunity cost of the land.
Answer the following statement true (T) or false (F)