Also known as: ordinarily prudent persons · reasonable person · reasonably prudent person
Written by attorneys · grounded in primary & secondary sources — see below
A standard of conduct to which an actor must conform to avoid negligence or other liability. The standard measures what a person of ordinary prudence would do under like circumstances, taking into account the nature and purpose of the conduct and the circumstances known to the actor.
Oskar Ocampo, a dispatcher, received a report that a driver had nearly fallen asleep after a double shift and that icy conditions were forecast. Oskar directed the driver to complete the overnight route anyway to avoid overtime costs. The bus later skidded on ice and killed a passenger. Oskar's decision is measured against the conduct an ordinarily prudent dispatcher would have taken upon receiving the explicit safety warnings.
Orla O'Malley made a statement admitting she had falsified records that exposed her to civil liability. A court later evaluates whether an ordinarily prudent person in Orla's position would have made the statement only if she believed it true. The statement qualifies as against interest under that objective test.
Select any source to read its text and confirm it supports the definition.
Oriana Oberman left a loaded firearm accessible to a child after receiving a clear warning that the child had previously played with guns. An ordinarily prudent person in Oriana's situation would have recognized the substantial risk and secured the weapon. Her failure to perceive the risk constitutes negligence under the objective standard.
Odin Obeng, a sitting judge, accepted a paid speaking engagement at a political fundraiser. An ordinarily prudent person would conclude that the appearance undermines the judge's impartiality. The activity therefore violates the objective appearance standard.
Owen Ortega, a seller, falsely stated that a used vehicle had never been in an accident. An ordinarily prudent buyer would have been induced to purchase the vehicle by that representation. The statement therefore qualifies as material under the objective inducement test.
Opal Okoro, a twelve-year-old, rode a bicycle into traffic without looking. The standard applied to Opal is that of an ordinarily prudent person of like age, intelligence, and experience. Her conduct is therefore measured against the modified objective standard for children rather than the adult reasonable-person benchmark.
The ordinarily prudent person standard is objective. It measures conduct by what a person of ordinary prudence would do under the circumstances rather than by the actor's own personal abilities or beliefs.
Supporting sources
Yes. When the actor is a child the standard becomes that of a reasonable person of like age, intelligence, and experience under like circumstances rather than the adult benchmark.
Supporting sources
Criminal negligence requires a gross deviation from the standard of care a reasonable person would observe, creating a high risk of death or serious bodily harm. This is a substantially greater deviation than the level of negligence that suffices for civil liability.
Supporting sources
A misrepresentation is material if it would be likely to induce an ordinarily prudent person to manifest assent. The test focuses on the probable effect on a reasonable recipient rather than the maker's subjective intent.
Supporting sources
…Florida Lime & Avocado Growers, Inc. v. Paul , 373 U. S. 132, 146 (1963). While it is doubtful that any State, or indeed any reasonable person, would argue that it is wise policy to allow students to carry guns on school premises, considerable disagreement exists about how best to accomplish that goal. In this circumstance, the…