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	<title>Comments on: Matlock in the Making</title>
	<link>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/</link>
	<description>I drink, there I am.</description>
	<pubDate>Sun, 01 Aug 2010 08:37:57 +0000</pubDate>
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		<title>by: JR Limpert</title>
		<link>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16314</link>
		<pubDate>Wed, 13 Aug 2008 01:20:31 +0000</pubDate>
		<guid>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16314</guid>
					<description>But now you can use that "reasonable man" argument in court, and judges are quite apt to listen to that -- after all, it comes up a lot in legal arguments.  As you say, the condo board has no reason to listen to you or spend their money.

And in most small claims venues -- and I believe this applies to you -- an individual person appearing before the court can do so pro se, but an incorporated entity or business has to be represented by counsel, so the board, I would think, will have to hire an attorney to represent them. If they choose not to, you will win by default.  Of course, then you have the joy of trying to collect the award of the court from the board!?!  Have fun!!!!</description>
		<content:encoded><![CDATA[<p>But now you can use that &#8220;reasonable man&#8221; argument in court, and judges are quite apt to listen to that &#8212; after all, it comes up a lot in legal arguments.  As you say, the condo board has no reason to listen to you or spend their money.</p>
<p>And in most small claims venues &#8212; and I believe this applies to you &#8212; an individual person appearing before the court can do so pro se, but an incorporated entity or business has to be represented by counsel, so the board, I would think, will have to hire an attorney to represent them. If they choose not to, you will win by default.  Of course, then you have the joy of trying to collect the award of the court from the board!?!  Have fun!!!!
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		<title>by: Justin</title>
		<link>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16307</link>
		<pubDate>Tue, 12 Aug 2008 13:07:31 +0000</pubDate>
		<guid>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16307</guid>
					<description>I actually used the reasonable man argument I in the letter I sent to the board. But what incentive do they have to be reasonable?  It's their own money they would be throwing away by issuing me a refund. 

My only regret about the letter I sent was that I didn't threaten legal action - I forget that often times the world does not share the same view as me, and I didn't think subtle threats of a lawsuit would be necessary.</description>
		<content:encoded><![CDATA[<p>I actually used the reasonable man argument I in the letter I sent to the board. But what incentive do they have to be reasonable?  It&#8217;s their own money they would be throwing away by issuing me a refund. </p>
<p>My only regret about the letter I sent was that I didn&#8217;t threaten legal action - I forget that often times the world does not share the same view as me, and I didn&#8217;t think subtle threats of a lawsuit would be necessary.
</p>
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		<title>by: JR Limpert</title>
		<link>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16299</link>
		<pubDate>Tue, 12 Aug 2008 03:39:36 +0000</pubDate>
		<guid>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16299</guid>
					<description>It seems to me that you would be wise to invoke the "reasonable man" approach in your case.  The following in essence describes it:

The reasonable man or reasonable person standard is a legal fiction used
mostly in the common law in which a hypothetical individual whose view of
things is consulted in decisions of law. It has been criticized and terms
"the reasonable old man" and compared with the "reasonable woman". The
question, "How would a reasonable person have acted under the
circumstances?" performs a critical role in legal analysis in areas such as
negligence and contract law. The basic rationale behind the reasonable
person doctrine is that because the law exists to serve the public at large
it must deal with a member of the public that is rational, i.e., reasonable.
A reasonable persona may be one who has some foresight, plans his or her
acts, and is able to get along with others.

The reasonable man is not the average man: this is not a democratic measure.
To predict the appropriate sense of responsibility and other standards of
the reasonable man, "what is reasonable" has to be appropriate to the issue.
What the "average man" thinks or might do is irrelevant to a case concerning
medicine, for example. But the reasonable man is informed, capable, aware of
the law, and fair-minded. He might do something extraordinary under certain
circumstances, but whatever he does or thinks is always reasonable.

A related notion, used in common law contract law, is that of a reasonable
bystander or reasonable third party. It is also known as the objective
theory of contract formation and it is distinguished from the subjective
theory of contract formation that is accepted in most civil law
jurisdictions. Sometimes, particularly in the context of verbal contracts,
the existence of a contract is disputed because one party declares that he
or she did not intend to be legally bound. Since it would be impractical for
the court to try to determine the truth of this statement, it uses the
following test instead: if the outward conduct of the parties would have
indicated to a reasonable bystander a serious intention to enter into an
agreement, then the contract is deemed legally binding. Another circumstance
where the reasonable bystander is used occurs when one party has
inadvertently misstated the terms of the contract, and the other party sues
to enforce those terms: if it would have been clear to a reasonable
bystander that a mistake had been made, then the contract is voidable by the
party who made the error; otherwise, the contract is binding.</description>
		<content:encoded><![CDATA[<p>It seems to me that you would be wise to invoke the &#8220;reasonable man&#8221; approach in your case.  The following in essence describes it:</p>
<p>The reasonable man or reasonable person standard is a legal fiction used<br />
mostly in the common law in which a hypothetical individual whose view of<br />
things is consulted in decisions of law. It has been criticized and terms<br />
&#8220;the reasonable old man&#8221; and compared with the &#8220;reasonable woman&#8221;. The<br />
question, &#8220;How would a reasonable person have acted under the<br />
circumstances?&#8221; performs a critical role in legal analysis in areas such as<br />
negligence and contract law. The basic rationale behind the reasonable<br />
person doctrine is that because the law exists to serve the public at large<br />
it must deal with a member of the public that is rational, i.e., reasonable.<br />
A reasonable persona may be one who has some foresight, plans his or her<br />
acts, and is able to get along with others.</p>
<p>The reasonable man is not the average man: this is not a democratic measure.<br />
To predict the appropriate sense of responsibility and other standards of<br />
the reasonable man, &#8220;what is reasonable&#8221; has to be appropriate to the issue.<br />
What the &#8220;average man&#8221; thinks or might do is irrelevant to a case concerning<br />
medicine, for example. But the reasonable man is informed, capable, aware of<br />
the law, and fair-minded. He might do something extraordinary under certain<br />
circumstances, but whatever he does or thinks is always reasonable.</p>
<p>A related notion, used in common law contract law, is that of a reasonable<br />
bystander or reasonable third party. It is also known as the objective<br />
theory of contract formation and it is distinguished from the subjective<br />
theory of contract formation that is accepted in most civil law<br />
jurisdictions. Sometimes, particularly in the context of verbal contracts,<br />
the existence of a contract is disputed because one party declares that he<br />
or she did not intend to be legally bound. Since it would be impractical for<br />
the court to try to determine the truth of this statement, it uses the<br />
following test instead: if the outward conduct of the parties would have<br />
indicated to a reasonable bystander a serious intention to enter into an<br />
agreement, then the contract is deemed legally binding. Another circumstance<br />
where the reasonable bystander is used occurs when one party has<br />
inadvertently misstated the terms of the contract, and the other party sues<br />
to enforce those terms: if it would have been clear to a reasonable<br />
bystander that a mistake had been made, then the contract is voidable by the<br />
party who made the error; otherwise, the contract is binding.
</p>
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		<title>by: thora</title>
		<link>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16057</link>
		<pubDate>Thu, 31 Jul 2008 20:19:02 +0000</pubDate>
		<guid>http://thedrunkenblog.com/2008/07/31/matlock-in-the-making/#comment-16057</guid>
					<description>Good Luck with that, Let me know when you when go to court</description>
		<content:encoded><![CDATA[<p>Good Luck with that, Let me know when you when go to court
</p>
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