Vaughan v. Menlove (1837)
Negligence • Objective Standard • Reasonable Person • Easy-English Explainer
 
          Quick Summary
The court confirmed the objective test for negligence. We ask: what would a reasonably prudent person do here? The defendant took a known risk (“I will chance it”) with a haystack placed dangerously. The fire spread and destroyed the neighbor’s cottage. Liability followed under the reasonable person standard.
Issues
- Can a defendant be liable for not acting as a reasonable person would?
- Should courts use a single objective test rather than each person’s own judgment?
Rules
- Objective standard: Negligence is doing what a reasonably prudent person would not do (or failing to do what they would) in similar conditions.
- Personal level of caution or intelligence does not lower the legal duty.
Facts (Timeline)
 
          Arguments
Appellant (Vaughan)
- Repeated warnings made the risk obvious.
- A reasonable person would have moved or restructured the stack.
- Loss resulted from Menlove’s failure to take basic precautions.
Respondent (Menlove)
- Believed the “chimney” was enough safety.
- Acted per his own judgment; did not intend harm.
- Claimed liability should match his personal level of caution.
Judgment
Decision for the plaintiff (Vaughan). The court endorsed an objective standard. Menlove was liable because a reasonable person would not have “chanced it” after clear warnings.
 
          Ratio
Reasonable Person, not Real Person: Liability turns on how a careful, ordinary person would act—not on this defendant’s private standards, habits, or intelligence.
Why It Matters
- Foundational case for negligence courses worldwide.
- Promotes fair, uniform duty of care across society.
- Encourages risk management when dangers are flagged.
Key Takeaways
Mnemonic + 3-Step Hook
Mnemonic: “ROC” — Reasonable person, Obvious risk, Chance it = liable.
- Spot Risk: Heat + hay + boundary = danger.
- Use Reasonable Care: Move/guard the stack.
- Don’t Chance It: Ignoring warnings breaches duty.
IRAC Outline
Issue: Is liability based on a reasonable person’s conduct or on the defendant’s personal judgment?
Rule: Objective standard: what the reasonably prudent person would do in the same circumstances.
Application: After warnings, a reasonable person would reduce the hazard; Menlove did not.
Conclusion: Negligence established; judgment for the plaintiff.
Glossary
- Reasonable Person
- Legal fiction of the careful, ordinary citizen used to measure conduct.
- Objective Standard
- A single, community-based yardstick, not tailored to a defendant’s traits.
- Breach
- Failure to meet the required level of care under the circumstances.
FAQs
Related Cases
Blyth v. Birmingham Waterworks
Classic definition of negligence as omission of reasonable care.
Read briefBolam v. Friern Hospital
Professional negligence and the Bolam test (sector-specific reasonableness).
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