Vaughan v. Menlove

English Court - 1837

Facts:

• D built a hay rick near P's property. P warned D that the hay rick was too close to the cottage and that it was likely to catch fire.
• D responded that he would chance it. The hay rick did indeed catch fire and burnt down P's cottage.
• P sued D for damages in negligence for maintaining the rick in a dangerous condition. The jury was instructed to use the reasonable man standard.
• D argued that the court should have instructed based upon good faith and best judgment.

Procedural History:

• Trial court found for P.
• English Court affirmed, found for P.

Issues:

• What is the standard of care used to determine if negligence is present?

Holding/Rule:

• The standard of care used in negligence cases is that of a reasonable person in similar circumstances.

Reasoning:

• The standard has always been the reasonable man standard, not a subjective one as requested by D.
• While somewhat vague, juries have always been able to decipher what it means.

Dissent:

• None.

Notes:

• "Average reasonable man of ordinary prudence under similar circumstances"