Man on the Clapham omnibus
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The man on the Clapham omnibus is a hypothetical ordinary and 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 character is a reasonably educated, 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, which terminates at Omnibus Theatre, was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term.<ref name="hBvzH">Template:Cite book</ref><ref name="OklRN">Template:Cite journal</ref><ref name="4mgvS">Template:Cite book</ref>
HistoryEdit
The phrase was reportedly first put to legal use in a judgment by Sir Richard Henn Collins MR in the English Court of Appeal libel case McQuire v. Western Morning News (1903).<ref name="SLLLT">McQuire v Western Morning News [1903] 2 Template:Abbr 100 at 109 per Collins MR.</ref> He attributed the phrase to Lord Bowen<ref name="DWuOU">Template:Citation</ref> and used it in a negative sense: Template:Quote
It may be derived from the phrase "Public opinion ... is the opinion of the bald-headed man at the back of the omnibus",<ref name="60c9Z">Template:Citation</ref> 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, and in the 19th century would have been served by horse-drawn omnibuses.
Lord Justice Greer used the phrase in Hall v. Brooklands Auto-Racing Club (1933)<ref name="EWDMJ">Hall v Brooklands Auto-Racing Club [1933] 1 Template:Abbr 205.</ref> 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 in Healthcare at Home Limited v. The Common Services Agency (2014),<ref name="BksIt">Template:Cite BAILII</ref> where Lord Reed said: Template:Quote
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The expression has also been incorporated in Canadian patent jurisprudence, notably Beloit v. Valmet Oy<ref name="1OdQx">Beloit v. Valmet Oy (1986), C.P.R. (3d) 289</ref> in its discussion of the test for obviousness.<ref name="QsEUq">Template:Citation</ref>
In Australia, the "Clapham omnibus" expression has inspired the New South Wales and Victorian equivalents, "the man on the Bondi tram" (a now disused tram route in Sydney),<ref name="40QyY">Template:Citation</ref> "the man on the Bourke Street tram" (Melbourne),<ref name="3umqM">Template:Cite AustLII.</ref> and "the ordinary person on the Belconnen omnibus" (Canberra).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
In Hong Kong, the equivalent expression is "the man on the Shau Kei Wan tram".<ref name="2MPEV">Template:Citation</ref>
See alsoEdit
- A moron in a hurry
- Bellwether
- Person having ordinary skill in the art
- Placeholder name
- Prudent man rule
- Objective historian
- Pub test