Also known as: ordinary and prudent persons · prudent person
Written by attorneys · grounded in primary & secondary sources — see below
The objective benchmark for determining whether an actor has exercised reasonable care under the circumstances. It requires conduct that a person of ordinary intelligence and prudence would exhibit when confronted with similar facts and risks.
Select any source to read its text and confirm it supports the definition.
Odilia Okamura receives a detailed tip from a known informant that Otis Olsen is selling narcotics from his apartment. She observes suspicious foot traffic and confirms the address before arresting him. The facts and circumstances known to her would lead an ordinary and prudent person to believe a crime is occurring, so probable cause supports the arrest.
Oriana Oberman serves as trustee of a charitable trust created to fund community health programs. She leaves the entire corpus in savings accounts earning under one percent for four years without researching investments or contacting identified grantees. An ordinary and prudent person would have evaluated the trust purposes and distributional needs before allowing the assets to stagnate.
Otis Olsen, a corporate officer, receives repeated reports of fire-suppression malfunctions at company facilities. He defers repairs solely to meet quarterly profit targets despite the documented risks. An ordinary and prudent person in his position would have addressed the safety issues rather than subordinating them to short-term financial goals.
Ophelia O'Brien, trustee of an estate, continues to hold a large block of declining stock after receiving clear warnings of its deterioration. She fails to diversify or seek professional advice for several years. An ordinary and prudent person would have investigated alternatives and taken steps to protect the corpus.
Onyx O'Reilly serves as a director of a closely held corporation. She receives reports of questionable loans and accounting practices but takes no action to investigate or stop the conduct. An ordinary and prudent person in her position would have exercised oversight to protect the corporation's assets.
Otto Osman, a state supreme court justice, accepts a substantial campaign contribution from a litigant whose case is pending before him. He refuses to recuse despite the obvious appearance of bias. An ordinary and prudent person would have recognized the conflict and stepped aside to preserve impartiality.
The standard adjusts to that of a reasonable person possessing the same disability. The actor must still exercise the care a prudent person with that limitation would use under like circumstances.
Supporting sources
A trustee must administer the trust by considering its purposes, terms, and distributional requirements while exercising reasonable care, skill, and caution. Complete inaction or retention of assets in low-yield accounts without investigation breaches the standard.
…"with knowledge of the danger presented by the defective brakes failed to take the care for his own safety which a reasonably prudent person would have taken under the circumstances. Therefore, it would have been improper for the trial court to have removed the defense of contributory negligence from jury consideration." Id.…
…faith, in a manner he reasonably believes to be in the best interests of the corporation and with such care as an ordinarily prudent person
…one third of its date-of-death value, objectants asserted that petitioner’s conduct violated EPTL 11-2.2 (a) (1), the so-called “prudent person
…his conduct and honestly and in good faith concludes his conduct is not an offense in circumstances in which a law-abiding and prudent person
…ordinary
Supporting sources
Probable cause exists when reasonably trustworthy facts and circumstances known to the officer at the time of arrest would warrant a prudent person in believing that the suspect has committed or is committing a crime. An anonymous tip lacking corroboration or particularity does not meet this threshold.
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No. Once a person takes charge of a helpless individual, ordinary negligence suffices for liability if the failure to use reasonable care causes additional harm. Leaving the person unmonitored or failing to summon help can breach the standard.
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No. An officer must act in good faith and with the care a prudent person in like position would exercise. Knowingly withholding information about health and safety risks to preserve business relationships constitutes a breach.
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