MODEL PENAL CODE ANNOTATED



 

RESTATEMENT OF THE LAW, SECOND, TORTS

Copyright 1965, American Law Institute
RULES AND PRINCIPLES
Division One - Intentional Harms to Persons, Land, and Chattels
Chapter 1 - Meaning of Terms Used Throughout the Restatement of Torts


§ 11 REASONABLY BELIEVES

 The words "reasonably believes" are used throughout the Restatement of this Subject to denote the fact that the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man so to believe.
 
 

COMMENTS & ILLUSTRATIONS:  Comment:

a.  The circumstances which the actor should know are those which a reasonable man would know if he were in the actor's position. The qualities which primarily characterize the reasonable man, to whose standard the actor is required to conform in order to be protected in his ignorance of the actual facts, are normal acuteness of perception and soundness of judgment. "Reasonable belief," "reasonably apprehends," and "reasonable apprehension" are used throughout the Restatement of this Subject in a sense cognate to the above definition of "reasonably believes."