Also known as:reasonable expectations · reasonably expected · reasonable expectation of privacy
Written by attorneys · grounded in primary & secondary sources — see below
A standard measuring what a person would anticipate under the circumstances. The standard determines obligations by reference to the facts known to the relevant parties.
Sources & Authorities· 18 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Restatements
Casebooks
How it applies
Common Examples
6
Nominal Gift After Client Referral
Roland Rhodes, a solo practitioner, sends a $50 gift card to Riley Rivera after Rivera refers a new client. The gift is presented solely as thanks with no discussion of future referrals or payment. Because the amount is small and Rivera does not view it as compensation for the referral, the gift satisfies the rule.
Cell-Site Location Records Request
Police obtain two months of Rajesh Rao's historical cell-site location data from his carrier without a warrant. Rao had no knowledge the records existed and took no steps to share them. The data reveals his movements over an extended period, triggering the warrant requirement.
Power of Attorney Investment Decision
Renee Rogers holds a power of attorney for her father Ronald Reed. Rogers knows Reed previously stated he wanted to keep his retirement funds in conservative bonds. She nevertheless moves the funds into speculative stocks. The move violates the duty to follow Reed's known expectations.
Delayed Construction Milestone
Redline Automotive contracts with Riverstone Manufacturing to complete a factory expansion by June 1. Riverstone finishes the structural work three weeks late, depriving Redline of the production capacity it counted on for summer orders. The deprivation of that expected benefit is weighed in deciding whether the delay is material.
Self-Help Eviction Attempt
Royal Crest Hotels terminates Roberto Reyes's month-to-month lease. Two days later the hotel changes the locks while Reyes is at work, leaving his belongings inside. Reyes returns to find the changed locks and fears a confrontation if he tries to enter, creating a reasonable expectation of physical harm.
Cotrustee Investment Delegation
Regal Apparel's trust names two cotrustees who have always jointly selected investments. One cotrustee unilaterally delegates stock-picking authority to the other without consulting the settlor's known preference for joint decisions. The delegation is invalid because the settlor reasonably expected the trustees to perform that function together.
Common questions
Frequently Asked
6
Does the reasonable-expectation standard in Fourth Amendment cases require both subjective and objective components?+
Yes. A person must exhibit an actual expectation of privacy, and that expectation must be one society recognizes as reasonable. The test protects what a person seeks to keep private even in a public area.
Supporting sources
How does the reasonable-expectation standard affect the determination of material breach in contracts?+
The standard measures the extent to which the injured party is deprived of the benefit it counted on receiving. That deprivation is one of the circumstances used to decide whether a failure to perform is material.
When may a lawyer give a nominal gift to a person who referred a client?+
The gift is permitted only when it is neither intended nor reasonably expected to serve as compensation for the referral. The amount and circumstances must show the gift is a mere expression of appreciation.
Supporting sources
What limits a power-of-attorney agent's authority under the reasonable-expectations rule?+
The agent must follow the principal's known expectations. When those expectations are unknown, the agent must still act in the principal's best interest while staying within the granted authority.
Supporting sources
May a trustee delegate a function the settlor expected the trustees to perform jointly?+
No. The prohibition prevents delegation of any function the settlor reasonably expected the cotrustees to handle together. A prior delegation may be revoked unless it was made irrevocable.
Supporting sources
When is self-help eviction barred even if state law permits it?+
Self-help is barred unless accomplished within a reasonable time after lease termination, without physical harm or the reasonable expectation of physical harm, and with reasonable care to avoid damage to the tenant's property.
Supporting sources
that, with the inevitable haste and bustle, the work might not be done with adequate care. In such circumstances we hold — and it is all that we do hold — that it was a fair requirement…
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