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The man on the Clapham omnibus is a hypothetical reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would — for example, in a civil action for negligence. The man on the Clapham omnibus is a reasonably educated and intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original "Clapham omnibus" is unknown but London Buses route 88 was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. ==History== The phrase was first put to legal use in a reported judgement by Sir Richard Henn Collins MR in the 1903 English Court of Appeal libel case, ''McQuire v. Western Morning News''.〔() 2 KB 100 (CA) at 109 per Collins MR〕 He attributed it to Lord Bowen, said to have coined it as junior counsel defending the Tichborne Claimant case in 1871. ''Brewer's'' also lists this as a possible first use. It may be derived from the phrase "Public opinion ... is the opinion of the bald-headed man at the back of the omnibus", a description by the 19th-century journalist Walter Bagehot of a normal London man. Clapham, in South London, was at the time a nondescript commuter suburb seen to represent "ordinary" London. ''Omnibus'' is now a rather archaic term for a public bus, but was in common use by the judiciary at the beginning of the 20th century. The concept was used by Greer LJ in the case of ''Hall v. Brooklands Auto-Racing Club'' (1933) to define the standard of care a defendant must live up to in order to avoid being found negligent. The use of the phrase was reviewed by the UK Supreme Court on appeal in the of case of ''Healthcare at Home Limited v. The Common Services Agency'' () UKSC 49, in paragraphs 1 to 4: 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「The man on the Clapham omnibus」の詳細全文を読む スポンサード リンク
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