Common sense refers to practical intelligence or native good judgement. It involves the ability to make sound decisions and judgements based on a combination of experience, reason, and understanding of everyday situations. Common sense generally involves thinking and behaving in ways that are perceived to be reasonable, practical, and rational within the context of daily life. It often includes a level of intuition and a grasp of fundamental truths or principles that are widely accepted as valid. Common sense helps individuals navigate various aspects of life and make informed choices without relying solely on specialised knowledge or formal education.
No, common sense is not a legally recognised concept. It is a term used to describe the practical and reasonable judgement that is expected from individuals in everyday situations.
While common sense may be considered by a jury or judge when evaluating a case, it cannot be used as a formal defence in a legal case. Legal defences are typically based on specific laws or legal principles.
In certain situations, individuals may be held legally responsible for not exercising common sense if their actions or omissions result in harm to others. However, liability is generally determined based on established legal standards and principles, rather than solely on common sense.
No, common sense cannot override specific laws or regulations. Laws and regulations are enacted to provide clear guidelines and standards that must be followed, regardless of personal judgement or common sense.
While common sense may be considered when interpreting ambiguous laws or contracts, the primary method of interpretation is based on legal principles, legislative intent, and case law. Common sense is just one factor that may be taken into account.
Common sense can be used as a factor in determining negligence in a personal injury case. However, the legal standard for negligence requires a demonstration of a duty of care, breach of that duty, causation, and damages, which goes beyond common sense alone.
Common sense may be considered by a court when determining child custody or visitation rights, but the primary consideration is the best interests of the child. Courts rely on specific legal factors and evidence to make these decisions.
While common sense may be considered when evaluating the validity of a contract, the enforceability of a contract is primarily determined by legal principles such as offer, acceptance, consideration, and the absence of any legal defects.
Common sense alone cannot determine the legality of a particular action. The legality of an action is determined by applicable laws, regulations, and legal principles established by the jurisdiction in question.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th May 2024.
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