text:
Abundance of elements in Earth's crust
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Abundance (atom fraction) of the chemical elements in Earth's upper continental crust as a function of atomic number. The rarest elements in the crust (shown in yellow) are not the heaviest, but are rather the siderophile (iron-loving) elements in the Goldschmidt classification of elements. These have been depleted by being relocated deeper into the Earth's core. Their abundance in meteoroids is higher. Additionally, tellurium and selenium have been depleted from the crust due to formation of volatile hydrides.
The abundance of elements in Earth's crust is shown in tabulated form with the estimated crustal abundance for each chemical element shown as either percentage or parts per million (ppm) by mass (10,000 ppm = 1%).
Abundance of chemical elements in Earth's crust, from various sources
Rank
Z, element & symbol
Abundance in crust (ppm) by source
Annual production
Darling[1]
Barbalace[2]
WebElements[3]
Israel Science and Technology[4]
Jefferson Lab[5]
(2016, tonnes)[6]
1 8 oxygen O 466,000 474,000 460,000 467,100 461,000
2 14 silicon [A] Si 277,200 277,100 270,000 276,900 282,000 7,200,000
3 13 aluminium Al 81,300 82,000 82,000 80,700 82,300 57,600,000
4 26 iron Fe 50,000 41,000 63,000 50,500 56,300 1,150,000,000
5 20 calcium Ca 36,300 41,000 50,000 36,500 41,500
6 11 sodium Na 28,300 23,000 23,000 27,500 23,600 255,000,000
7 12 magnesium Mg 20,900 23,000 29,000 20,800 23,300 1,010,000
8 19 potassium K 25,900 21,000 15,000 25,800 20,900
9 22 titanium Ti 4,400 5,600 6,600 6,200 5,600 6,600,000
10 1 hydrogen H 1,400 1,500 1,400 1,400
11 15 phosphorus P 1,200 1,000 1,000 1,300 1,050
12 25 manganese Mn 1,000 950 1,100 900 950 16,000,000
13 9 fluorine F 800 950 540 290 585
14 56 barium Ba 500 340 340 500 425
15 6 carbon C 300 480 1,800 940 200
16 38 strontium Sr 370 360 370 350,000
17 16 sulfur S 500 260 420 520 350 69,300,000
18 40 zirconium Zr 190 130 250 165 1,460,000
19 74 tungsten W 160.6 1.1 1.25 86,400
20 23 vanadium V 100 160 190 120 76,000
21 17 chlorine Cl 500 130 170 450 145
22 24 chromium Cr 100 100 140 350 102 26,000,000
23 37 rubidium Rb 300 90 60 90
24 28 nickel Ni 80 90 190 84 2,250,000
25 30 zinc Zn 75 79 70 11,900,000
26 29 copper Cu 100 50 68 60 19,400,000
27 58 cerium Ce 68 60 66.5
28 60 neodymium Nd 38 33 41.5
29 57 lanthanum La 32 34 39
30 39 yttrium Y 30 29 33 6,000
31 7 nitrogen N 50 25 20 19 140,000,000
32 27 cobalt Co 20 30 25 123,000
33 3 lithium Li 20 17 20 35,000
34 41 niobium Nb 20 17 20 64,000
35 31 gallium Ga 18 19 19
36 21 scandium Sc 16 26 22
37 82 lead Pb 14 10 14 4,820,000
38 62 samarium Sm 7.9 6 7.05
39 90 thorium Th 12 6 9.6
40 59 praseodymium Pr 9.5 8.7 9.2
41 5 boron B 950 8.7 10 9,400,000
42 64 gadolinium Gd 7.7 5.2 6.2
43 66 dysprosium Dy 6 6.2 5.2
44 72 hafnium Hf 5.3 3.3 3.0
45 68 erbium Er 3.8 3.0 3.5
46 70 ytterbium Yb 3.3 2.8 3.2
47 55 caesium Cs 3 1.9 3
48 4 beryllium Be 2.6 1.9 2.8 220
49 50 tin Sn 0 2.2 2.2 2.3 280,000
50 63 europium Eu 2.1 1.8 2.0
51 92 uranium U 0 1.8 2.7 74,119
52 73 tantalum Ta 2 1.7 2.0 1,100
53 32 germanium Ge 1.8 1.4 1.5 155
54 42 molybdenum Mo 1.5 1.1 1.2 227,000
55 33 arsenic As 1.5 2.1 1.8 36,500
56 67 holmium Ho 1.4 1.2 1.3
57 65 terbium Tb 1.1 0.94 1.2
58 69 thulium Tm 0.48 0.45 0.52
59 35 bromine Br 0.37 3 2.4 391,000
60 81 thallium Tl 0.6 0.530 0.850 10
61 71 lutetium[7] Lu 0.5
62 51 antimony Sb 0.2 0.2 0.2 130,000
63 53 iodine I 0.14 0.490 0.450 31,600
64 48 cadmium Cd 0.11 0.15 0.15 23,000
65 47 silver Ag 0.070 0.080 0.075 27,000
66 80 mercury Hg 0.05 0.067 0.085 4,500
67 34 selenium Se 0.05 0.05 0.05 2,200
68 49 indium In 0.049 0.160 0.250 655
69 83 bismuth Bi 0.048 0.025 0.0085 10,200
70 52 tellurium Te 0.005 0.001 0.001 2,200
71 78 platinum Pt 0.003 0.0037 0.005 172
72 79 gold Au 0.0011 0.0031 0.004 3,100
73 44 ruthenium Ru 0.001 0.001 0.001
74 46 palladium Pd 0.0006 0.0063 0.015 208
75 75 rhenium Re 0.0004 0.0026 0.0007 47.2
76 77 iridium Ir 0.0003 0.0004 0.001
77 45 rhodium Rh 0.0002 0.0007 0.001
78 76 osmium Os 0.0001 0.0018 0.0015
Jump up ^ 5,000 tonnes of annual production is electronic grade
See also[edit]
Abundances of the elements (data page)
Primordial nuclide
References[edit]
Jump up ^ "Elements, Terrestrial Abundance". www.daviddarling.info. Archived from the original on 10 April 2007. Retrieved 2007-04-14.
Jump up ^ Barbalace, Kenneth. "Periodic Table of Elements". Environmental Chemistry.com. Retrieved 2007-04-14.
Jump up ^ "Abundance in Earth's Crust". WebElements.com. Archived from the original on 9 March 2007. Retrieved 2007-04-14.
Jump up ^ "List of Periodic Table Elements Sorted by Abundance in Earth's crust". Israel Science and Technology Homepage. Retrieved 2007-04-15.
Jump up ^ "It's Elemental — The Periodic Table of Elements". Jefferson Lab. Archived from the original on 29 April 2007. Retrieved 2007-04-14.
Jump up ^ Commodity Statistics and Information. USGS. All production numbers are for mines, except for Al, Cd, Fe, Ge, In, N, Se (plants, refineries), S (all forms) and As, Br, Mg, Si (unspecified). Data for B, K, Ti, Y are given not for the pure element but for the most common oxide, data for Na and Cl are for NaCl. For many elements like Si, Al, data are ambiguous (many forms produced) and are taken for the pure element. U data is pure element required for consumption by current reactor fleet [1]. WNA.
Jump up ^ Emsley, John (2001). Nature's building blocks: an A-Z guide to the elements. Oxford University Press. pp. 240–242. ISBN 0-19-850341-5.
BookRags, Periodic Table.
World Book Encyclopedia, Exploring Earth.
HyperPhysics, Georgia State University, Abundance of Elements in Earth's Crust.
Data Series 140, Historical Statistics for Mineral and Material Commodities in the United States, Version 2011, USGS [2].
Eric Scerri, The Periodic Table, Its Story and Its Significance, Oxford University Press, 2007
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The History of Little Goody Two-Shoes
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"Goody Two-Shoes" redirects here. For the song, see Goody Two Shoes (song).
The cover of the 1888 edition of Goody Two-Shoes
The History of Little Goody Two-Shoes is a children's story published by John Newbery in London in 1765. The story popularized the phrase "goody two-shoes", often used to describe an excessively virtuous person, a do-gooder.[1]
Contents
[hide]
1 Plot
2 Publication
2.1 The anonymous author
3 Origin of the phrase "goody two-shoes"
4 References
5 External links
Plot[edit]
Goody Two-Shoes is a variation of the Cinderella story. The fable tells of Goody Two-Shoes, the nickname of a poor orphan girl named Margery Meanwell, who goes through life with only one shoe. When a rich gentleman gives her a complete pair, she is so happy that she tells everyone that she has "two shoes". Later, Margery becomes a teacher and marries a rich widower. This earning of wealth serves as proof that her virtuousness has been rewarded, a popular theme in children's literature of the era.[2]
Publication[edit]
A woodcut of the eponymous Goody Two-Shoes from the 1768 edition of the novel
The anonymous story was published in London by the John Newbery company, a publisher of popular children's literature.[3] In his introduction to an 1881 edition of the book,[4] Charles Welsh wrote:
Goody Two-Shoes was published in April 1765, and few nursery books have had a wider circulation, or have retained their position so long. The number of editions that have been published, both in England and America, is legion, and it has appeared in mutilated versions, under the auspices of numerous publishing houses in London and the provinces, although of late years there have been no new issues.
The anonymous author[edit]
The story was later attributed to the Irish author Oliver Goldsmith, though this is disputed. Because Goldsmith frequently wrote for pay, and because of his copious fiction in essays (e.g., The Bee and Citizen of the World), the attribution to Goldsmith is plausible. Washington Irving was one supporter of Goldsmith's authoring the book; he said: "Several quaint little tales introduced in Goldsmith's Essays show that he had a turn for this species of mock history; and the advertisement and title-page bear the stamp of his sly and playful humor."[5] However, the book has also been attributed to Newbery himself and to Giles Jones, a friend of Newbery's.[6] "Booksellers" (publishers) such as Newbery would frequently pay authors for anonymous work, and no certain evidence of attribution has emerged.[citation needed]
Origin of the phrase "goody two-shoes"[edit]
Although The History of Little Goody Two-Shoes is credited with popularizing the term "goody two-shoes", the actual origin of the phrase is unknown. For example, it appears a century earlier in Charles Cotton's Voyage to Ireland in Burlesque (1670):[7]
Mistress mayoress complained that the pottage was cold;
'And all long of your fiddle-faddle,' quoth she.
'Why, then, Goody Two-shoes, what if it be?
Hold you, if you can, your tittle-tattle,' quoth he.
The name is used herein to point out the mayoress' comparative privilege; "Goody" (a corruption of "Goodwife"),[8] being the equivalent of "Mrs." and "Two-shoes", implicitly comparing her to people who have no shoes.
References[edit]
Jump up ^ Feinsilber, Mike and Elizabeth Webber (1999). Merriam-Webster's Dictionary of Allusions. Springfield, Mass.: Merriam-Webster. p. 234. CS1 maint: Uses authors parameter (link)
Jump up ^ O'Malley, Andrew (2003). The Making of the Modern Child: Children's Literature and Childhood in the Late Eighteenth Century. Psychology Press. ISBN 9780415942997.
Jump up ^ Matthew O Grenby (2013). "Little Goody Two-Shoes and Other Stories: Originally Published by John Newbery". p. vii. Palgrave Macmillan
Jump up ^ Anonymous & Charles Welsh (Introduction) (1881). Goody Two-Shoes: A Facsimile Reproduction of the Edition of 1766 [EBook #13675] ((released as ebook October 8, 2004) 1881 Reprint of the 1766 ed.). London: Griffith & Farran (Successors to Newbery & Harris). CS1 maint: Uses authors parameter (link)
Jump up ^ Irving, Washington. Life of Oliver Goldsmith. ISBN 1-58963-236-2.
Jump up ^ Thwaite, Mary F. (1972). From Primer to Pleasure in Reading (2d ed.). London: Library Association. p. 50.
Jump up ^ "Goody Two-Shoes". American Notes and Queries. 5 (1): 3. May 3, 1890.
Jump up ^ Farmer, John Stephen; Henley, W.E. (1893). Slang and Its Analogues Past and Present: A Dictionary ... with Synonyms in English, French ... Etc. Compiled by J.S. Farmer [and W.E. Henley], Volume 3 (ebook digitized 2 April 2009 ed.). Princeton University: Harrison & Sons. p. 180. Retrieved 12 September 2015.
External links[edit]
Wikimedia Commons has media related to Goody Two-Shoes.
Wikisource has original text related to this article:
Goody Two-Shoes
Children's literature portal
Text of an 1881 reprint of the original version on Project Gutenberg
Image of a 1787 Edition
18th Century Children's Book Collections at the British Museum
1888 chromolithographed pictorial edition at the Internet Archive
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text:
List of states and union territories of India by population
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Jump to: navigation, search
States and union
territories of India
ordered by
Area
Population
Abbreviations
Capitals
Child Nutrition
Crime rate
Electricity penetration
Fertility rate
Forest cover
GDP (per capita)
Highest point
HIV awareness
HDI
Home ownership
Household size
Human Trafficking
Institutional delivery
Life expectancy at birth
Literacy rate
Media exposure
Number of Vehicles
Number of voters
Obesity
Open defecation
Origin of name
Places of worship
Poverty
Power capacity
Safe Drinking Water
Safety of Women
School Enrollment Rate
Sex ratio
Suicides
Tax revenues
TV ownership
Toilet availability
Transport network
Underweight people
Unemployment
Vaccination coverage
v
t
e
India is a union of 29 states and 7 union territories.[1] As of 2011, with an estimated population of 1.2 billion, India is the world's second most populous country after the People's Republic of China. India occupies 2.4% of the world's land surface area and is home to 17.5% of the world's population.[2] After the Indo-Gangetic Plain, the eastern and western coastal regions of the Deccan Plateau are the most densely populated regions of India. The Thar Desert in western Rajasthan is one of the most densely populated deserts in the world. The northern and north-eastern states along the Himalayas contain cold arid deserts with fertile valleys.[3]
Contents
[hide]
1 Census of India
2 States and union territories (by population)
3 Notes
4 See also
5 References
6 External links
Census of India[edit]
Population density map of India.
The first population census in British India was conducted in 1872. Since India's independence in 1947, a census has been conducted every 10 years, the first occurring in 1951.[4] The census in India is conducted by the Office of the Registrar General and Census Commissioner under the Ministry of Home Affairs, and is one of the largest administrative tasks conducted by a federal government.[5]
The latest population figures are based on data from the 2011 census of India.[6] During the decade of 2001–2011, India's annual population growth rate has slowed down from 2.15 percent to 1.76 percent.[6] Based on decennial census data, Dadra and Nagar Haveli have the fastest growth rate of 55.5 percent, followed by Daman and Diu (53.5 percent), Meghalaya (27.8 percent) and Arunachal Pradesh (25.9 percent). Nagaland recorded the lowest growth rate of -0.5 percent.[7]
India has 641,000 inhabited villages and 72.2 percent of the total population reside in these rural areas.[8] Of them 145,000 villages have population size of 500–999 persons; 130,000 villages have population size of 1000–1999 and 128,000 villages have population size of 200–499. There are 3,961 villages that have a population of 10,000 persons or more.[2] India's 27.8 percent urban population lives in more than 5,100 towns and over 380 urban agglomerations.[9] In the decade of 1991–2001, migration to major cities caused rapid increase in urban population.[10][11] On the basis of net migrants by last residence during the past decade, Maharashtra had most immigration with 2.3 million, followed by National Capital Territory of Delhi (1.7 million), Gujarat (0.68 million) and Haryana (0.67 million). Uttar Pradesh (−2.6 million) and Bihar (−1.7 million) topped the list for interstate emigration.[12] The five states of Uttar Pradesh, Maharashtra, Bihar, West Bengal and Madhya Pradesh account for almost half (47.90 percent) of the total Indian population.[6]
While the national average for sex ratio shows an increase from 933 in 2001 to 940 in 2011,[6] the 2011 census shows a sharp decline in child sex ratio, the number of females per thousand males in a population between age group 0–6 years.[6] States such as Punjab, Haryana, Himachal Pradesh, Gujarat, Tamil Nadu, Mizoram and Andaman and Nicobar Islands recorded an increase in child sex ratio.[6] National child sex ratio has declined from 927 in 2001 to 914 in 2011.[6] Telangana census was separated from Andhra Pradesh state census figures, after Telangana formally took birth on 2 June 2014.[13]
States and union territories (by population)[edit]
The total geographical area of India is 3,287,240 square kilometres (1,269,210 sq mi)α.[2] Population density is rounded to the nearest integer.
As per provisional census data of 2011, the total population of India is: 1,210,193,422.[6]
Rank
State or union territory
Population (2011 Census)[14]
(% of population of India)[15]
Decadal growth (2001–2011)
Rural pop.[16]
(%)
Urban pop.[16]
(%)
Area[17]
Density
Sex ratio
1 Uttar Pradesh 7008207281477000000♠207,281,477
(16.49%) 20.1% 7008155111022000000♠155,111,022
(77.72%) 7007444704550000000♠44,470,455
(22.28%) 7011240928000000000♠240,928 km2 (93,023 sq mi) 6996828000000000000♠828/km2 (2,140/sq mi) 908
2 Maharashtra 7008112372972000000♠112,372,972
(9.28%) 16.0% 7007615454410000000♠61,545,441
(54.77%) 7007508275310000000♠50,827,531
(45.23%) 7011307713000000000♠307,713 km2 (118,809 sq mi) 6996365000000000000♠365/km2 (950/sq mi) 946
3 Bihar 7008103804637000000♠103,804,637
(8.58%) 25.1% 7007920750280000000♠92,075,028
(88.70%) 7007117296090000000♠11,729,609
(11.30%) 7010941630000000000♠94,163 km2 (36,357 sq mi) 6997110199999999999♠1,102/km2 (2,850/sq mi) 916
4 West Bengal 7007913477360000000♠91,347,736
(7.55%) 13.9% 7007622136760000000♠62,213,676
(68.11%) 7007291340600000000♠29,134,060
(31.89%) 7010887520000000000♠88,752 km2 (34,267 sq mi) 6997102900000000000♠1,029/km2 (2,670/sq mi) 947
5 Madhya Pradesh 7007725975650000000♠72,597,565
(6.00%) 20.3% 7007525378990000000♠52,537,899
(72.37%) 7007200596660000000♠20,059,666
(27.63%) 7011308245000000000♠308,245 km2 (119,014 sq mi) 6996236000000000000♠236/km2 (610/sq mi) 931
6 Tamil Nadu 7007721389580000000♠72,138,958
(5.96%) 15.6% 7007371892290000000♠37,189,229
(51.55%) 7007349497290000000♠34,949,729
(48.45%) 7011130058000000000♠130,058 km2 (50,216 sq mi) 6996554999999999999♠555/km2 (1,440/sq mi) 995
7 Rajasthan 7007686210120000000♠68,621,012
(5.67%) 21.4% 7007515402360000000♠51,540,236
(75.11%) 7007170807760000000♠17,080,776
(24.89%) 7011342239000000000♠342,239 km2 (132,139 sq mi) 6996200999999999999♠201/km2 (520/sq mi) 926
8 Karnataka 7007611307040000000♠61,130,704
(5.05%) 15.7% 7007375525290000000♠37,552,529
(61.43%) 7007235781750000000♠23,578,175
(38.57%) 7011191791000000000♠191,791 km2 (74,051 sq mi) 6996319000000000000♠319/km2 (830/sq mi) 968
9 Gujarat 7007603836280000000♠60,383,628
(5.00%) 19.2% 7007346708170000000♠34,670,817
(57.42%) 7007257128110000000♠25,712,811
(42.58%) 7011196024000000000♠196,024 km2 (75,685 sq mi) 6996308000000000000♠308/km2 (800/sq mi) 918
10 Andhra Pradesh 7007493867990000000♠49,386,799
(4.08%) 11.1% 7007347763890000000♠34,776,389
(70.42%) 7007146104100000000♠14,610,410
(29.58%) 7011162968000000000♠162,968 km2 (62,922 sq mi) 6996303000000000000♠303/km2 (780/sq mi) 993
11 Odisha 7007419473580000000♠41,947,358
(3.47%) 14.0% 7007349512340000000♠34,951,234
(83.32%) 7006699612400000000♠6,996,124
(16.68%) 7011155707000000000♠155,707 km2 (60,119 sq mi) 6996268999999999999♠269/km2 (700/sq mi) 978
12 Telangana 7007352867570000000♠35,286,757
(2.97%) 17.87% 7007215853130000000♠21,585,313
(61.33%) 7007136086650000000♠13,608,665
(38.66%) 7011114840000000000♠114,840 km2 (44,340 sq mi) 6996307000000000000♠307/km2 (800/sq mi) 988
13 Kerala 7007333876770000000♠33,387,677
(2.76%) 4.9% 7007174455060000000♠17,445,506
(52.28%) 7007159321710000000♠15,932,171
(47.72%) 7010388630000000000♠38,863 km2 (15,005 sq mi) 6996859000000000000♠859/km2 (2,220/sq mi) 1,084
14 Jharkhand 7007329662380000000♠32,966,238
(2.72%) 22.3% 7007250369460000000♠25,036,946
(75.95%) 7006792929200000000♠7,929,292
(24.05%) 7010797140000000000♠79,714 km2 (30,778 sq mi) 6996414000000000000♠414/km2 (1,070/sq mi) 947
15 Assam 7007311692720000000♠31,169,272
(2.58%) 16.9% 7007267805260000000♠26,780,526
(85.92%) 7006438875600000000♠4,388,756
(14.08%) 7010784380000000000♠78,438 km2 (30,285 sq mi) 6996397000000000000♠397/km2 (1,030/sq mi) 954
16 Punjab 7007277042360000000♠27,704,236
(2.30%) 13.7% 7007173168000000000♠17,316,800
(62.51%) 7007103874360000000♠10,387,436
(37.49%) 7010503620000000000♠50,362 km2 (19,445 sq mi) 6996549999999999999♠550/km2 (1,400/sq mi) 893
17 Chhattisgarh 7007255401960000000♠25,540,196
(2.11%) 22.6% 7007196036580000000♠19,603,658
(76.76%) 7006593653800000000♠5,936,538
(23.24%) 7011135191000000000♠135,191 km2 (52,198 sq mi) 6996189000000000000♠189/km2 (490/sq mi) 991
18 Haryana 7007253530810000000♠25,353,081
(2.09%) 19.9% 7007165314930000000♠16,531,493
(75.75%) 7006882158800000000♠8,821,588
(24.25%) 7010442120000000000♠44,212 km2 (17,070 sq mi) 6996573000000000000♠573/km2 (1,480/sq mi) 877
19 Jammu and Kashmir 7007125489260000000♠12,548,926
(1.04%) 23.7% 7006913482000000000♠9,134,820
(72.79%) 7006341410600000000♠3,414,106
(27.21%) 7011222236000000000♠222,236 km2 (85,806 sq mi) 6995570000000000000♠57/km2 (150/sq mi) 883
20 Uttarakhand 7007101167520000000♠10,116,752
(0.84%) 19.2% 7006702558300000000♠7,025,583
(69.45%) 7006309116900000000♠3,091,169
(30.55%) 7010534830000000000♠53,483 km2 (20,650 sq mi) 6996189000000000000♠189/km2 (490/sq mi) 963
21 Himachal Pradesh 7006686460200000000♠6,864,602
(0.57%) 12.8% 7006616780500000000♠6,167,805
(89.96%) 7005688704000000000♠688,704
(10.04%) 7010556730000000000♠55,673 km2 (21,495 sq mi) 6996122999999999999♠123/km2 (320/sq mi) 974
22 Tripura 7006367103200000000♠3,671,032
(0.30%) 14.7% 7006271005100000000♠2,710,051
(73.82%) 7005960981000000000♠960,981
(26.18%) 7010104860000000000♠10,486 km2 (4,049 sq mi) 6996350000000000000♠350/km2 (910/sq mi) 961
23 Meghalaya 7006296400700000000♠2,964,007
(0.24%) 27.8% 7006236897100000000♠2,368,971
(79.92%) 7005595036000000000♠595,036
(20.08%) 7010224290000000000♠22,429 km2 (8,660 sq mi) 6996131999999999999♠132/km2 (340/sq mi) 986
24 Manipurβ 7006272175600000000♠2,721,756
(0.22%) 18.7% 7006189962400000000♠1,899,624
(79.79%) 7005822132000000000♠822,132
(20.21%) 7010223270000000000♠22,327 km2 (8,621 sq mi) 6996122000000000000♠122/km2 (320/sq mi) 987
25 Nagaland 7006198060200000000♠1,980,602
(0.16%) -0.5% 7006140686100000000♠1,406,861
(71.03%) 7005573741000000000♠573,741
(28.97%) 7010165790000000000♠16,579 km2 (6,401 sq mi) 6996119000000000000♠119/km2 (310/sq mi) 931
26 Goa 7006145772300000000♠1,457,723
(0.12%) 8.2% 7005551414000000000♠551,414
(37.83%) 7005906309000000000♠906,309
(62.17%) 7009370200000000000♠3,702 km2 (1,429 sq mi) 6996394000000000000♠394/km2 (1,020/sq mi) 968
27 Arunachal Pradesh 7006138261100000000♠1,382,611
(0.11%) 25.9% 7006106916500000000♠1,069,165
(77.33%) 7005313446000000000♠313,446
(22.67%) 7010837430000000000♠83,743 km2 (32,333 sq mi) 6995170000000000000♠17/km2 (44/sq mi) 920
28 Mizoram 7006109101400000000♠1,091,014
(0.09%) 22.8% 7005529037000000000♠529,037
(48.49%) 7005561997000000000♠561,997
(51.51%) 7010210810000000000♠21,081 km2 (8,139 sq mi) 6995519999999999999♠52/km2 (130/sq mi) 975
29 Sikkim 7005607688000000000♠607,688
(0.05%) 12.4% 7005455962000000000♠455,962
(75.03%) 7005151726000000000♠151,726
(24.97%) 7009709600000000000♠7,096 km2 (2,740 sq mi) 6995859999999999999♠86/km2 (220/sq mi) 889
7001300000000000000♠NCT Delhi 7007189800000000000♠18,980,000
(1.38%) 21% 7005419319000000000♠419,319
(2.50%) 7007163339160000000♠16,333,916
(97.50%) 7009148400000000000♠1,484 km2 (573 sq mi) 6998112970000000000♠11,297/km2 (29,260/sq mi) 866
7001310000000000000♠UT1 Puducherry 7006124446400000000♠1,244,464
(0.10%) 27.7% 7005394341000000000♠394,341
(31.69%) 7005850123000000000♠850,123
(68.31%) 7008479000000000000♠479 km2 (185 sq mi) 6997259800000000000♠2,598/km2 (6,730/sq mi) 1,038
7001320000000000000♠UT2 Chandigarh 7006105545000000000♠1,055,450
(0.09%) 17.1% 7004290040000000000♠29,004
(2.75%) 7006102568200000000♠1,025,682
(97.25%) 7008114000000000000♠114 km2 (44 sq mi) 6997925200000000000♠9,252/km2 (23,960/sq mi) 818
7001330000000000000♠UT3 Andaman and Nicobar Islands 7005379944000000000♠379,944
(0.03%) 6.7% 7005244411000000000♠244,411
(64.33%) 7005135533000000000♠135,533
(35.67%) 7009824900000000000♠8,249 km2 (3,185 sq mi) 6995460000000000000♠46/km2 (120/sq mi) 878
7001340000000000000♠UT4 Dadra and Nagar Haveli 7005342853000000000♠342,853
(0.03%) 55.5% 7005183024000000000♠183,024
(53.38%) 7005159829000000000♠159,829
(46.62%) 7008491000000000000♠491 km2 (190 sq mi) 6996698000000000000♠698/km2 (1,810/sq mi) 775
7001350000000000000♠UT5 Daman and Diu 7005242911000000000♠242,911
(0.02%) 53.5% 7004603310000000000♠60,331
(24.84%) 7005182580000000000♠182,580
(75.16%) 7008112000000000000♠112 km2 (43 sq mi) 6997216900000000000♠2,169/km2 (5,620/sq mi) 618
7001360000000000000♠UT6 Lakshadweep 7004644290000000000♠64,429
(0.01%) 6.2% 7004141210000000000♠14,121
(21.92%) 7004503080000000000♠50,308
(78.08%) 7007320000000000000♠32 km2 (12 sq mi) 6997201300000000000♠2,013/km2 (5,210/sq mi) 946
Total India 1,210,193,422
(100%) 17.64% 833,087,662
(68.84%) 377,105,760
(31.16%) 3,287,240 km2 (1,269,210 sq mi) 382/km2 (990/sq mi) 943
Notes[edit]
For determining population density of India and the State of Jammu and Kashmir, the data excludes areas claimed by India but controlled by Pakistan (78,114 km2) and China (42,735 km2).[18][19]
This includes 120,849 square kilometres (46,660 sq mi) of territory controlled by Pakistan, but claimed by India along with Aksai Chin and Shaksgam Valley, territories administered by the People's Republic of China.
^β Excludes Mao-Maram, Paomata, and Purul sub-divisions of Senapati district of Manipur.
See also[edit]
Demographics of India
List of country subdivisions by population
List of metropolitan areas in India
List of states and union territories of India by area
References[edit]
Jump up ^ "India at a Glance: Profile". Government of India. Retrieved 2013-09-30.
^ Jump up to: a b c "Area and Population". Government of India (2001). Census of India. Retrieved 2008-10-26.
Jump up ^ "India - General Profile, Land Use Classification and Land Use Pattern" (PDF). National Informatics Centre (NIC). Ministry of Environment and Forests (MoEF). Archived from the original (PDF) on May 14, 2006. Retrieved 2008-12-12.
Jump up ^ "Census Organisation of India". Government of India (2001). Census of India. Archived from the original on December 1, 2008. Retrieved 2008-12-04.
Jump up ^ "Brief history of census". Government of India (2001). Census of India. Retrieved 2008-10-26.
^ Jump up to: a b c d e f g h "India Census 2011, Provisional Population Totals" (PDF). Archived from the original (PDF) on February 18, 2015.
Jump up ^ http://www.thehindu.com/multimedia/archive/00517/India_Census_2011___517160a.pdf
Jump up ^ http://www.thehindu.com/multimedia/archive/00517/India_Census_2011___517160a.pdf
Jump up ^ "Urban Agglomerations (UAs) & towns". Government of India (2001). Census of India. Retrieved 2008-12-04.
Jump up ^ Shinde, Swati (13 Sep 2008). "Migration rate to city will dip". Times of India. Retrieved 2008-12-08.
Jump up ^ "Develop towns to stop migration to urban areas: economist". Chennai, India: Hindu. Dec 3, 2005. Retrieved 2008-12-08.
Jump up ^ "Migration". Government of India (2001). Census of India. Retrieved 2008-10-26.
Jump up ^ T-party: India's 29th state Telangana is born
Jump up ^ "List of states with Population, Sex Ratio and Literacy Census 2011". 2011 Census of India. Retrieved 23 January 2013.
Jump up ^ "Ranking of States and Union territories by population size : 1991 and 2001" (PDF). Government of India (2001). Census of India. pp. 5–6. Retrieved 2008-12-12.
^ Jump up to: a b "Provisional Population Totals". Government of India (2011). Census of India. Retrieved 2011-07-23.
Jump up ^ "Area of India/state/district". Government of India (2001). Census of India. Retrieved 2008-10-27.
Jump up ^ "J&K 2011 Population density census" (PDF).
Jump up ^ "Religion PCA 2011 J&K census".
2011 Indian Census
External links[edit]
Official website of Census of India
Census of India - Density of population
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In law, a reasonable person, reasonable man, or the man on the Clapham omnibus[1] is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.[2]
Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people in order to establish how the reasonable man would have acted or what he would have foreseen.[1][3] This person's character and care conduct under any common set of facts, is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts.[4][5]
In some practices, for circumstances arising from an uncommon set of facts,[5] this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public.[6] However, cases resulting in judgment notwithstanding verdict, such as Liebeck v. McDonald's Restaurants, can be examples where a vetted jury's composite judgment were deemed outside that of the actual fictional reasonable person, and thus overruled.
The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society," the "officious bystander," the "reasonable parent," the "reasonable landlord," the "fair-minded and informed observer," the "person having ordinary skill in the art," and stretching back to Roman jurists, the figure of the bonus paterfamilias,[1] all used to define legal standards. While there is a loose consensus in black letter law, there is no accepted technical definition. As with legal fiction in general, it is somewhat susceptible to ad hoc manipulation or transformation, and hence the "reasonable person" is an emergent concept of common law.[3] The "reasonable person" is used as a tool to standardize, teach law students, or explain the law to a jury.[2]
As a legal fiction,[3] the "reasonable person" is not an average person or a typical person, leading to great difficulties in applying the concept in some criminal cases, especially in regards to the partial defence of provocation.[7] The standard also holds that each person owes a duty to behave as a reasonable person would under the same or similar circumstances.[8][9] While the specific circumstances of each case will require varying kinds of conduct and degrees of care, the reasonable person standard undergoes no variation itself.[10][11] The "reasonable person" construct can be found applied in many areas of the law. The standard performs a crucial role in determining negligence in both criminal law—that is, criminal negligence—and tort law.
The standard is also used in contract law,[12] to determine contractual intent, or if a breach of the standard of care has occurred, provided a duty of care can be proven. The intent of a party can be determined by examining the understanding of a reasonable person, after consideration is given to all relevant circumstances of the case including the negotiations, any practices the parties have established between themselves, usages and any subsequent conduct of the parties.[13]
The standard does not exist independently of other circumstances within a case that could affect an individual's judgment.
Contents
[hide]
1 History
2 Rationale
3 Hand Rule
4 Personal circumstances
4.1 Children
4.2 Mentally ill
4.3 Professionals
4.3.1 Medical professionals
4.3.2 Armed professionals
4.4 Inexperience
5 External circumstances
5.1 Emergency doctrine
5.2 Available resources
5.3 Negligence per se
6 Reasonable bystander
7 Reasonable person standard for victims
7.1 Reasonable woman
7.1.1 Sexual harassment
7.1.2 Satire
7.2 L'homme moyen sensuel
7.3 Qualifications
8 See also
9 References
9.1 Notes
9.2 Sources
History[edit]
In 1835, Adolphe Quetelet detailed the characteristics of l'homme moyen (French, "average man"). His work is translated into English several ways. As a result, some authors pick "average man", "common man", "reasonable man", or stick to the original "l'homme moyen". Quetelet was a Belgian astronomer, mathematician, statistician and sociologist. He documented the physical characteristics of man on a statistical basis and discussed man's motivations when acting in society.[14]
Two years later, the "reasonable person" made his first appearance in the English case of Vaughan v. Menlove (1837).[15] In Menlove, the defendant had stacked hay on his rental property in a manner prone to spontaneous ignition. After he had been repeatedly warned over the course of five weeks, the hay ignited and burned the defendant's barns and stable and then spread to the landlord's two cottages on the adjacent property. Menlove's attorney admitted his client's "misfortune of not possessing the highest order of intelligence," arguing that negligence should only be found if the jury decided Menlove had not acted with "bona fide [and] to the best of his [own] judgment."
The Menlove court disagreed, reasoning that such a standard would be too subjective, instead preferring to set an objective standard for adjudicating cases:
The care taken by a prudent man has always been the rule laid down; and as to the supposed difficulty of applying it, a jury has always been able to say, whether, taking that rule as their guide, there has been negligence on the occasion in question. Instead, therefore, of saying that the liability for negligence should be co-extensive with the judgment of each individual, which would be as variable as the length of the foot of each individual, we ought rather to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe. That was, in substance, the criterion presented to the jury in this case and, therefore, the present rule must be discharged.
English courts upheld the standard again nearly 20 years later in Blyth v. Company Proprietors of the Birmingham Water Works,[16] holding:
Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Rationale[edit]
American jurist Oliver Wendell Holmes, Jr. explained the theory behind the reasonable person standard as stemming from the impossibility of "measuring a man's powers and limitations."[17] Individual, personal quirks inadvertently injuring the persons or property of others are no less damaging than intentional acts. For society to function, "a certain average of conduct, a sacrifice of individual peculiarities going beyond a certain point, is necessary to the general welfare."[17] Thus, a reasonable application of the law is sought, compatible with planning, working, or getting along with others. As such, "his neighbors accordingly require him, at his proper peril, to come up to their standard, and the courts which they establish decline to take his personal equation into account."[17] He heralded the reasonable person as a legal fiction whose care conduct under any common set of facts, is chosen—or "learned" permitting there is a compelling consensus of public opinion—by the courts.[4][5]
The reasonable person standard is by no means democratic in its scope; it is, contrary to popular conception, intentionally distinct from that of the "average person," who is not necessarily guaranteed to always be reasonable.[18] The reasonable person will weigh all of the following factors before acting:
the foreseeable risk of harm his actions create versus the utility of his actions;
the extent of the risk so created;
the likelihood such risk will actually cause harm to others;
any alternatives of lesser risk, and the costs of those alternatives.
Taking such actions requires the reasonable person to be appropriately informed, capable, aware of the law, and fair-minded. Such a person might do something extraordinary in certain circumstances, but whatever that person does or thinks, it is always reasonable.
The reasonable person has been called an "excellent but odious character."[19]
He is an ideal, a standard, the embodiment of all those qualities which we demand of the good citizen ... [he] invariably looks where he is going, ... is careful to examine the immediate foreground before he executes a leap or bound; ... neither stargazes nor is lost in meditation when approaching trapdoors or the margins of a dock; ... never mounts a moving [bus] and does not alight from any car while the train is in motion, ... uses nothing except in moderation, and even flogs his child in meditating only on the golden mean.[20]
English legal scholar Percy Henry Winfield summarized much of the literature by observing that:
[H]e has not the courage of Achilles, the wisdom of Ulysses or the strength of Hercules, nor has he the prophetic vision of a clairvoyant. He will not anticipate folly in all its forms but he never puts out of consideration the teachings of experience and so will guard against negligence of others when experience shows such negligence to be common. He is a reasonable man but not a perfect citizen, nor a "paragon of circumspection. ..."[21]
Hand Rule[edit]
Main article: Calculus of negligence
Under American common law, a well known—though nonbinding—test for determining how a reasonable person might weigh the criteria listed above was set down in United States v. Carroll Towing Co.[22] in 1947 by the Chief Judge of the U.S. Court of Appeals for the Second Circuit, Learned Hand. The case concerned a barge that had broken her mooring with the dock. Writing for the court, Hand said:
[T]he owner's duty, as in other similar situations, to provide against resulting injuries is a function of three variables: (1) The probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions.
While the test offered by Hand does not encompass all the criteria available above, juries in a negligence case might well still be instructed to take the other factors into consideration in determining whether the defendant was negligent.[23]
Personal circumstances[edit]
While the legal fiction[3] of the reasonable person represents the ideal human actor, one would be hard-pressed to characterize any individual human as meeting the standard, whether in whole or in part, all of the time. Since some human actors have limitations, the standard only requires that people act similarly to how "a reasonable person under the circumstance" would, as if their limitations were themselves circumstances. As such, courts require that the reasonable person be viewed as experiencing the same limitations as the defendant.
For example, a disabled defendant is held to a standard that, by necessity, represents how a reasonable person with that same disability would act.[24] One should not mistake this allowance for physical limitations as an allowance for poor judgment, attempting acts beyond one's abilities, or acting too quickly, etc. Were such allowances made for every defendant, there would be as many different standards for negligence as there were defendants; and courts would spend innumerable hours, and the parties much more money, on determining that particular defendant's reasonableness, character, and intelligence.
By using the reasonable person standard, the courts instead use an objective tool and avoid such subjective evaluations. The result is a standard that allows the law to behave in a uniform, foreseeable, and neutral manner when attempting to determine liability.
Children[edit]
One broad allowance made to the reasonable person standard is for children. The standard here requires that a child act in a similar manner to how a "reasonable person of like age, intelligence, and experience under like circumstances" would act.[25] In many common law systems, children under the age of 6 or 7 are typically exempt from any liability, whether civil or criminal, as they are deemed to be unable to understand the risk involved in their actions. This is called the defense of infancy: in Latin, doli incapax. In some jurisdictions, one of the exceptions to these allowances concern children engaged in what is primarily considered to be high-risk adult activity, such as operating a motor vehicle,[26][27] and in some jurisdictions, children can also be "tried as an adult" for serious crimes, such as murder, which causes the court to disregard the defendant's age.
Mentally ill[edit]
The reasonable person standard makes no allowance for the mentally ill.[28] Such a refusal goes back to the standard set in Menlove, where Menlove's attorney argued for the subjective standard. In the 170 years since, the law has kept to the legal judgment of having only the single, objective standard. Such judicial adherence sends a message that the mentally ill would do better to refrain from taking risk-creating actions, unless they exercise a heightened degree of self-restraint and precaution, if they intend to avoid liability.
Generally, the courts have rationed that by not accepting mental illness as a bar to recovery, a liable third party, in the form of a caregiver, will be more likely to protect the public because of the potential for liability. The courts have also stated that the reasoning behind the harsh treatment is because, unlike children or the physically disabled, members of the public are unable to identify a person with a mental illness.
Professionals[edit]
In cases where a human actor utilizes a professional skill set, the "reasonable person under the circumstances" test becomes elevated to a standard of whether the person acted how a "reasonable professional under the circumstances" would have, without regard to whether that actor is actually a professional, and further without regard to the degree of training or experience of that particular actor.[29] Other factors also become relevant, such as the degree to which the professional is educated (i.e., whether a specialist within the specific field, or just a general practitioner of the trade), and customary practices and general procedures of similar professionals. However, such other relevant factors are never dispositive.
Some professions may maintain a custom or practice long after a better method has become available. The new practices, though less risky, may be entirely ignored. In such cases, the practitioner may very well have acted unreasonably despite following custom or general practices.[30]
Medical professionals[edit]
In the realm of healthcare, plaintiffs must prove via expert testimony the standard of medical care owed and a departure from that standard. The only exception to the requirement of expert testimony is where the departure from accepted medical practices was so egregious that a layperson can readily recognize the departure.[31]
However, controversial medical practices can be deemed reasonable when followed by a respected and reputable minority of the medical field,[32] or where the medical profession cannot agree over which practices are best.[33]
Armed professionals[edit]
The "reasonable officer" standard is a method often applied to law enforcement and other armed professions to help determine if a use of force was correctly applied. The test is usually applied to whether the level of force used was excessive or not. If an appropriately trained professional, knowing what the subject of the investigation knew at the time and following their agency guidelines (such as a force continuum), would have used the same level of force or higher, then the standard is met. If the level of response is determined to be justified, the quantity of force used is usually presumed to have been necessary unless there are additional factors. For example, should it be determined that a trained police officer was justified in using deadly force against a suspect, the number of times he fired is presumed to have been necessary to stop the suspect's action that justified use of deadly force, as long as there aren't other factors, such as a reckless disregard of other officers' or bystanders' safety, or it is clearly proven that additional force was used after the suspect was no longer a threat.
Inexperience[edit]
When any person undertakes a skills-based activity that creates a risk to others, they are held to the minimum standard of how a reasonable person experienced in that task would act,[34] regardless of their actual level of experience.[27][35]
External circumstances[edit]
Factors external to the defendant are always relevant. Additionally, so is the context within which each action is made. It is within these circumstances that the determinations and actions of the defendant are to be judged. There are myriad factors that could provide inputs into how a person acts: individual perceptions, knowledge, the weather, etc. The standard of care required for each set of circumstances will vary, yet the level of care due is always what is reasonable for that set of circumstances.[36]
While community customs may be relied upon to indicate what kind of action is expected in light of given circumstances, such customary requirements are not themselves conclusive of what a reasonable person would do.[18][37]
It is precisely for this wide-ranging variety of possible facts that the reasonable person standard is so broad (and often confusing and difficult to apply). However, a few general areas of relevant circumstances rise above the others.
Emergency doctrine[edit]
Allowing for circumstances under which a person must act urgently is important to preventing hindsight bias from affecting the trier of fact. Given pressing circumstances, a reasonable person may not always act in a manner similar to how they would have acted in a more relaxed setting. As such, it is only fair that actions be judged in light of any exigent conditions that could have affected how the defendant acted.[38][39]
Available resources[edit]
In certain circumstances, human actors are faced with the problem of making do only with what is available. Such circumstances are relevant to any determination of whether the defendant acted reasonably. Where necessary resources are scarce, certain actions may be reasonable that would be unreasonable if those same resources were available and either readily at hand or realistically obtainable given other circumstances.
Negligence per se[edit]
Main article: Negligence per se
Because a reasonable person is objectively presumed to know the law, noncompliance with a local safety statute may also constitute negligence. The related doctrine of negligence per se addresses the circumstances under which the law of negligence can become an implied cause of action for breaching a statutory standard of care. Conversely, minimal compliance with a safety statute does not always absolve a defendant if the trier of fact determines that the reasonable person should have taken actions beyond and in excess of what the statute required.[40] However, if the trier of fact finds the statute's standard itself is reasonable and the defendant acted in accordance with what the statute contemplated, the duty of care can be deemed met.[41][42][43]
Reasonable bystander[edit]
Main article: Offer and acceptance
For common law contracts, disputes over contract formation are subjected to what is known as the objective test of assent in order to determine whether a contract exists. This standard is also known as the officious bystander, reasonable bystander, reasonable third party, or reasonable person in the position of the party.[44] This is in contrast to the subjective test employed in most civil law jurisdictions. The test stems from attempts to balance the competing interests of the judicial policies of assent and of reliability. The former holds that no person ought to be contractually obligated if they did not consent to such an agreement; the latter holds that if no person can rely on actions or words demonstrating consent, then the whole system of commercial exchange will ultimately collapse.[45]
Prior to the 19th century, courts used a test of subjective evaluation;[45] that is, the trier of fact determined each party's understanding.[46] If both parties were of the same mind and understanding on matters, then assent was manifested and the contract was valid. Between the 19th and 20th centuries, the courts shifted toward the objectivist test, reasoning that subjective testimony was often unreliable and self-serving.[45]
From those opposite principles, modern law has found its way to a rough middle ground, though it still shows a strong bias toward the objective test.[44] Promises and agreements are reached through manifestations of consent, and parties are liable for actions that deliberately manifest such consent; however, evidence of either party's state of mind can be used to determine the context of the manifestation if said evidence is reliable and compatible with the manifestation in question, though such evidence is typically given very little weight.[46]
Another circumstance where the reasonable bystander test is used occurs when one party has inadvertently misstated the terms of the contract, and the other party sues to enforce those terms: if it would have been clear to a reasonable bystander that a mistake had been made, then the contract is voidable by the party who made the error; otherwise, the contract is binding.
Reasonable person standard for victims[edit]
Reasonable woman[edit]
Sexual harassment[edit]
A variant of the reasonable person can be found in sexual harassment law as the reasonable woman standard. The variation recognizes a difference between men and women regarding the effect of unwanted interaction with a sexual tone. As women have historically been more vulnerable to rape and sex-related violence than have men, some courts believe that the proper perspective for evaluating a claim of sexual harassment is that of the reasonable woman. Notably, J. Scalia held that women did not have constitutional protection from discrimination under the fourteenth amendment equal protection clause, where by extension of logic, held the "reasonable woman" standard to be of moot value. However, such has not been the majority opinion of the court. [47]
Satire[edit]
Though the use of the reasonable woman standard has gained traction in some areas of the law, the standard has not escaped the crosshairs of humorists. In 1924, legal humorist A. P. Herbert considered the concept of the reasonable man at length in the fictional case of "Fardell v. Potts." In Herbert's fictional account, the judge addressed the lack of a reasonable woman standard in the common law, and ultimately concluded that "a reasonable woman does not exist."[48]
L'homme moyen sensuel[edit]
The concept of l'homme moyen sensuel does not speak of a reasonable person's ability, actions, or understandings. Rather it refers to the response of a reasonable person when presented with some form of information either by image or sound, or upon reading a book or magazine. A well-known application of the concept is Judge John M. Woolsey's lifting of the ban on the book Ulysses by James Joyce.[49] That ruling contemplated the effect the book would have upon a reasonable person of reasonable sensibility. Similarly, when the publisher of Howl and Other Poems was charged in California with publishing an obscene book, the concept of l'homme moyen sensuel influenced the court's finding of innocence.[50] It was nearly two decades after Woolsey that the US Supreme Court set down the standard by which materials, when viewed by l'homme moyen sensuel, were judged either obscene or not.[51] Generally, it has been l'homme moyen sensuel that has dictated what is and is not obscene or pornographic in books, movies, pictures, and now the Internet for at least the past 100 years.
Qualifications[edit]
Very often, for instance, in the case of noise ordinances, the enforcement of the law is only for the purpose of protecting the right of a "reasonable person of normal sensitivity".[52][53][54]
See also[edit]
Objective historian
Bonus pater familias
Casuistry
Contract
Gender discrimination
Jury instructions
Legal Fiction
Officious bystander
Reasonable doubt
Reasonable suspicion
Standard of care in English law
The man on the Clapham omnibus
Torts
References[edit]
Notes[edit]
^ Jump up to: a b c "Healthcare at Home Limited v. The Common Services Agency, [2014] UKSC 49" (PDF). Supreme Court of the United Kingdom. 30 July 2014. It follows from the nature of the reasonable man, as a means of describing a standard applied by the court, that it would be misconceived for a party to seek to lead evidence from actual passengers [i.e. "the right-thinking member of society," "the officious bystander," "the reasonable parent," "the reasonable landlord," "the fair-minded and informed observer,"...] on the Clapham omnibus as to how they would have acted in a given situation or what they would have foreseen, in order to establish how the reasonable man would have acted or what he would have foreseen. Even if the party offered to prove that his witnesses were reasonable men, the evidence would be beside the point. The behaviour of the reasonable man is not established by the evidence of witnesses, but by the application of a legal standard by the court. The court may require to be informed by evidence of circumstances which bear on its application of the standard of the reasonable man in any particular case; but it is then for the court to determine the outcome, in those circumstances, of applying that impersonal standard.
^ Jump up to: a b Regina v Smith , 4 AER 289 (2000) (“[sub-citing Camplin and Bedder:] the concept of the "reasonable man" has never been more than a way of explaining the law to a jury; an anthropomorphic image to convey to them, with a suitable degree of vividness, the legal principle that even under provocation, people must conform to an objective standard of behaviour that society is entitled to expect”).
^ Jump up to: a b c d Bedder v Director of Public Prosecutions , 1 WLR 1119 (1954) (“[where reasonable man is deemed a wholly impersonal fiction to which no special characteristic of the accused should be attributed]”).
^ Jump up to: a b Oliver Wendell Holmes, Jr. (October 31, 1927). "Baltimore & Ohio R. Co. v. Goodman, 275 U.S. 66". United States Reports. Supreme Court of the United States. 275: 66. In an action for negligence, the question of due care is not left to the jury when resolved by a clear standard of conduct which should be laid down by the courts.
^ Jump up to: a b c Oliver Wendell Holmes, Jr. (1881). "Lecture III—D. Liability for unintended Harm is determined by what would be Blameworthy in Average man". The Common Law. Little, Brown and Company. pp. 108, 122–123. [Page 108] The standards of the law are standards of general application. The law takes no account of the infinite varieties of temperament, intellect, and education which make the internal character of a given act so different in different men ... [Page 122] the averment that the defendant has been guilty of negligence ... that his alleged conduct does not come up to the legal standard. ... the question whether the court or the jury ought to judge of the defendant's conduct is wholly unaffected by the accident, ... it is entirely possible to give a series of hypothetical instructions adapted to every state of facts which it is open to the jury to find. ... the court may still take their opinion as to the standard. ... [page 123] ...supposing a state of facts often repeated in practice, is it to be imagined that the court is to go on leaving the standard to the jury forever? ... if the jury is, on the whole, as fair a tribunal as it is represented to be, the lesson which can be got from that source will be learned.... the court will find ... the conduct complained of usually is or is not blameworthy, ... or it will find the jury oscillating to and fro, and will see the necessity of making up its mind for itself. There is no reason why any other such question should not be settled, as well as that of liability for stairs with smooth strips of brass upon their edges...
Jump up ^ R v Camplin , A.C. 705 (1978) (“[a reasonable man] "means an ordinary person of either sex, not exceptionally excitable or pugnacious, but possessed of such powers of self-control as everyone is entitled to expect that his fellow citizens will exercise in society as it is today”).
Jump up ^ "The Concept of the Reasonable Man in the Partial Defence of Provocation". 2015. Archived from the original on 18 May 2015. Retrieved 11 May 2015.
Jump up ^ Brown v. Kendall , 60 Mass. 292 (1850).
Jump up ^ Franklin, at 54
Jump up ^ Triestram v. Way , 281 N.W. 420 (Mich. 1938).
Jump up ^ Franklin, at 55
Jump up ^ For the use in transnational contract law: Trans-Lex.org
Jump up ^ Determining the Contractual Intent of Parties under the CISG and Common Law -- A Comparative Analysis, European Journal of Law Reform (Kluwer) Vol. 4, No. 4 (2002) 629-643, by Bruno Zeller, 2002, last updated, June 30, 2006
Jump up ^ On Man, and the development of his faculties, The Athenæum, by A. Quetelet, Secretary to the Royal Academy of Brussels. London: Bossange & Co pp. 593-594, August 8 1835
Jump up ^ Vaughan v. Menlove , 132 ER 490 (Common Pleas 1837).
Jump up ^ Blyth v. Company Proprietors of the Birmingham Water Works , 156 ER 1047 (Exchequer 1856).
^ Jump up to: a b c Holmes, at 108.
^ Jump up to: a b The T.J. Hooper , 60 F.2d 737 (2d Cir. 1932).
Jump up ^ Herbert, at 12.
Jump up ^ Herbert, pp. 9-11.
Jump up ^ Business Law of Australia (Vermeesch & Lindgren) 4th Ed, 1983, p 1113
Jump up ^ United States v. Carroll Towing Co. , 159 F.2d 169 (2d. Cir. 1947).
Jump up ^ Glannon, at pg. 74.
Jump up ^ Hill v. Greenwood , 100 N.W. 522 (Iowa 1904).
Jump up ^ Restatement of the Law, Second, Torts. §283A
Jump up ^ Robinson v. Lindsay , 598 P.2d 392 (Wash. 1979).
^ Jump up to: a b Stevens v. Veenstra , 226 Mich. App. 441 (1997).
Jump up ^ Breunig v. American Family Insurance Co. , 173 N.W.2d 619 (Wis. 1970).
Jump up ^ Heath v. Swift Wings, Inc. , 252 S.E.2d 526 (N.C. 1979).
Jump up ^ Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771
Jump up ^ Heimer v. Privratsky , 434 N.W.2d 357 (N.D. 1989).
Jump up ^ Gala v. Hamilton , 715 A.2d 1108 (Pa. 1998).
Jump up ^ Furey v. Thomas Jefferson Uni. Hospital , 472 A.2d 1083 (Pa. 1984).
Jump up ^ Delair v. McAdoo , 188 A. 181 (Pa. 1936).
Jump up ^ Dellwo v. Pearson , 107 N.W.2d 859 (Minn. 1961).
Jump up ^ Stewart v. Potts , 654 A.2d 535 (Pa. 1995).
Jump up ^ Texas & Pacific Railway v. Behymer , 189 U.S. 468, 470 (1903).
Jump up ^ Rivera v. New York City Transit Authority , 77 N.Y.2d 332 (1991).
Jump up ^ Restatement of the Law, Second, Torts. §296
Jump up ^ Clinkscales v. Carver , 22 Cal.2d 72 (1934).
Jump up ^ Josephson v. Meyers , 429 A.2d 877 (Conn. 1980).
Jump up ^ Espinoza v. Elgin, Joliet & Eastern Railway , 649 N.E.2d 1323 (Ill. 1995).
Jump up ^ Restatement of the Law, Second, Torts. §288C
^ Jump up to: a b Blum, at pg. 53.
^ Jump up to: a b c Blum, at pg. 52.
^ Jump up to: a b Blum, at pg. 54.
Jump up ^ http://www.huffingtonpost.com/2011/01/03/scalia-women-discrimination-constitution_n_803813.html
Jump up ^ Herbet, Alan Patrick, Sir (1989). Misleading Cases in the Common Law (4th ed.). Buffalo: William S. Hein & Co., Inc. ISBN 978-0-8377-2242-9.
Jump up ^ US District Court S. NY, OPINION A. 110-59, by John M. Woolsey, December 6, 1933
Jump up ^ California v. Ferlinghetti
Jump up ^ A tendency to deprave and corrupt, Washington Law Review Vol.85, No. 2, 2007 Archived 23 July 2012 at the Wayback Machine.
Jump up ^ Bozeman, Montana Noise Ordinance
Jump up ^ Blooming Grove, NY Noise Ordinance
Jump up ^ Town of Romulus, NY Noise Ordinance
Sources[edit]
Blum, Brian A. (2004). Contracts (3rd ed.). New York, NY: Aspen Publishers. ISBN 0-7355-2612-5.
Franklin, Marc A. (2002). Torts (23rd ed.). Chicago, IL: The BarBri Group. ISBN 0-7355-6168-0.
Glannon, Joseph W. (2005). The Law of Torts (3rd ed.). New York, NY: Aspen Publishers. ISBN 0-7355-8480-X.
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"Reasonable woman". West's Encyclopedia of American Law. The Gale Group, Inc. 1998. Retrieved 1 December 2008.
"Prudent Lay Person". The Complete Reference to the Prudent Lay Profession. 2015. Retrieved 1 April 2015.
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