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Rethinking the Reasonable PersonAn Egalitarian Reconstruction of the Objective Standard$
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Mayo Moran

Print publication date: 2003

Print ISBN-13: 9780199247820

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199247820.001.0001

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Fun with Dick and Jane

Fun with Dick and Jane

Chapter:
(p.92) 3 Fun with Dick and Jane
Source:
Rethinking the Reasonable Person
Author(s):

Mayo Moran

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199247820.003.0004

Feminists and others suspect that there is something troubling about applying the reasonable person standard to women. A group of court cases that involves judging the reasonableness of the behaviour of both boys and girls at play is found in the contributory negligence cases that deal with the doctrine of allurement. The leading case on allurement is Lynch v Nurdin, in which the Court of Queen's Bench in Australia upheld a jury award to a seven-year-old boy who was injured while playing with an unattended horse and cart that the defendant's servant had left in the street. Two very different rationales are actually at work under the rubric of allurement: the notion of ‘pitfalls’ or entrapment and the notion of a ‘moral trap’ or temptation. Assumptions about what is normal behaviour for girls as opposed to boys effectively results in different standards for contributory negligence.

Keywords:   Lynch v Nurdin, contributory negligence, normal behaviour, boys, girls, court cases, allurement, entrapment, temptation

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