The man on the Clapham omnibus
Encyclopedia
The man on the Clapham omnibus is a reasonably educated and intelligent but non-specialist person — a reasonable person
, a hypothetical person against whom a defendant's conduct might be judged in an English law
civil action
for negligence
. This is the standard of care comparable to that which might be exercised by "the man on the Clapham omnibus" mentioned by Greer LJ in Hall v. Brooklands Auto-Racing Club (1933) 1 KB 205.
The phrase was first put to legal use in a reported judgment by Sir Richard Henn Collins MR
in the 1903 English Court of Appeal libel case, McQuire v. Western Morning News
. He attributed it to Lord Bowen
, said to have coined it as junior counsel defending the Tichborne Claimant case in 1871. Brewer's
also lists this as a possible first use.
It is possibly derived from the phrase "Public opinion ... is the opinion of the bald-headed man at the back of the omnibus," coined by the 19th century journalist Walter Bagehot
to describe the normal man of London
. Clapham
in south London
at the time was a nondescript commuter
suburb
seen to represent "ordinary" London. Omnibus
is now rather an archaic expression for a public bus, but was in common use by the judiciary at the beginning of the 20th century.
The expression has also been incorporated in Canadian patent
jurisprudence, notably Beloit v. Valmet Oy (1986), C.P.R. (3d) 289 in its discussion regarding the test for obviousness.
In Australia, the "Clapham omnibus" expression has inspired the New South Wales and Victorian equivalents, "the man on the Bondi tram
". and "the man on the Bourke Street tram".
In Hong Kong, the equivalent expression is "the man on the Shaukiwan Tram."
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
, a hypothetical person against whom a defendant's conduct might be judged in an English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
civil action
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
for negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
. This is the standard of care comparable to that which might be exercised by "the man on the Clapham omnibus" mentioned by Greer LJ in Hall v. Brooklands Auto-Racing Club (1933) 1 KB 205.
The phrase was first put to legal use in a reported judgment by Sir Richard Henn Collins MR
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
in the 1903 English Court of Appeal libel case, McQuire v. Western Morning News
Western Morning News
The Western Morning News is a politically independent daily regional newspaper founded in 1860 and covering Devon and Cornwall and parts of Somerset and Dorset.-Organisation:...
. He attributed it to Lord Bowen
Charles Bowen, Baron Bowen
Charles Synge Christopher Bowen, Baron Bowen QC, PC was an English judge.-Biography:He was born at Woolaston in Gloucestershire, his father, the Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish...
, said to have coined it as junior counsel defending the Tichborne Claimant case in 1871. Brewer's
Brewer's Dictionary of Phrase and Fable
Brewer's Dictionary of Phrase and Fable, sometimes referred to simply as Brewer's, is a reference work containing definitions and explanations of many famous phrases, allusions and figures, whether historical or mythical.-History:...
also lists this as a possible first use.
It is possibly derived from the phrase "Public opinion ... is the opinion of the bald-headed man at the back of the omnibus," coined by the 19th century journalist Walter Bagehot
Walter Bagehot
Walter Bagehot was an English businessman, essayist, and journalist who wrote extensively about literature, government, and economic affairs.-Early years:...
to describe the normal man of London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. Clapham
Clapham
Clapham is a district in south London, England, within the London Borough of Lambeth.Clapham covers the postcodes of SW4 and parts of SW9, SW8 and SW12. Clapham Common is shared with the London Borough of Wandsworth, although Lambeth has responsibility for running the common as a whole. According...
in south London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
at the time was a nondescript commuter
Commuting
Commuting is regular travel between one's place of residence and place of work or full time study. It sometimes refers to any regular or often repeated traveling between locations when not work related.- History :...
suburb
Suburb
The word suburb mostly refers to a residential area, either existing as part of a city or as a separate residential community within commuting distance of a city . Some suburbs have a degree of administrative autonomy, and most have lower population density than inner city neighborhoods...
seen to represent "ordinary" London. Omnibus
Bus
A bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are...
is now rather an archaic expression for a public bus, but was in common use by the judiciary at the beginning of the 20th century.
The expression has also been incorporated in Canadian patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
jurisprudence, notably Beloit v. Valmet Oy (1986), C.P.R. (3d) 289 in its discussion regarding the test for obviousness.
In Australia, the "Clapham omnibus" expression has inspired the New South Wales and Victorian equivalents, "the man on the Bondi tram
Man on the Bondi Tram
The Man on the Bondi Tram is a fictional legal character used in civil law in New South Wales, representing an ordinary person. Jurors, for example, have been directed to consider what the man on the Bondi tram would think of whether a statement is defamatory...
". and "the man on the Bourke Street tram".
In Hong Kong, the equivalent expression is "the man on the Shaukiwan Tram."