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Reasonable legal minds agree that reasonableness is one of the foundational concepts of American law, infiltrating everything from administrative, corporate, and constitutional law to crimes, torts, and contracts.1 Yet the concept’s importance and prevalence have not necessarily bred clarity. In fact, a recent flurry of analytic ...
- What Is A Reasonableness Standard?
- Understanding Reasonableness Standards
- Particular Instances of A Reasonableness Standard
The term "reasonableness standard" has several applications in finance and law. In general, the standard is related to the requirement that expectations placed upon a party are considered reasonable. A fiduciary relationship, for example, is a professional standard between a client and service provider that both puts the client's interests first an...
Reasonableness standards apply in many contexts and the best way to understand the concept is by way of illustrative examples: A good rule to use in evaluating the early termination of any vehicle lease is to compare the blue book value of the car at the time to the total payments made under the lease up to the surrender date. Under the Consumer Le...
A reasonableness standard is invoked as a requirement of the Consumer Leasing Act that provides the lessee an exit from a lease agreement if certain criteria are met. It takes into consideration the individuals' circumstances according to the amount of harm experienced by the lessorif they early terminate, make late payments, or cease to make pa...
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If reasonableness is construed as a mandatory presump-tion, the defendant bears a greater burden than if reasonableness is construed as a permissive inference. The proposal in this article is suitable for all of-fenses and defenses in criminal law because of the generality of the discus-sion. II.
- Hisham M. Ramadan
- 2013
The concept of reasonableness addresses theoretical questions, that is, questions concerning what is the case, as well as practical questions, that is, questions concerning both what ought to be done and what is good. The issue of the reasonableness of law primarily concerns practical reasonableness. Download to read the full chapter text.
- Robert Alexy
- alexy@law.uni-kiel.de
- 2009
Apr 24, 2024 · Abstract. This Article addresses the central concept of “reasonableness” in the common law and constitutional jurisprudence. On the basis of three examples, the common law of torts, the common law of contracts, and Fourth Amendment jurisprudence, the Article notes that different areas of the law follow fundamentally inconsistent utilitarian ...
Abstract. This chapter focuses on one value concept which plays an omnipresent part in legal discourse in the anglophone traditions, namely that of ‘reasonableness’. It begins with a discussion of the idea of being reasonable. It then considers the reasons that might be advanced to justify use of the standard of reasonableness in law, and ...
Issues of reasonableness arise regularly throughout American law. Reasonableness is a concept central to tort law, which imposes a reasona-ble person standard in ascertaining duty. Criminal guilt turns on a rea-sonable doubt standard. And in civil discovery, the concept of reasonableness features prominently: discovery's scope reaches informa-
