The law has invented people. This is why your grandma’s Last Will and Testament may assume she can still have children.
The law has invented these non-existent people to keep the wheels of justice moving. There is usually a good reason why.
The “reasonable person” is a non-existent character that was created so judges and juries would have a standard to base a decision on. A reasonable person is neither an average person nor a superhero. He or she is rather a good person who would do what a good person would do in a similar situation. Here is an example … someone comes toward you with a knife. What would a reasonable person do? You can argue that this mythical person would put up a defense so the injuries done to the attacker are justified.
Another pretend person is a corporation. A corporation is obviously not a living person but can still enter into contracts, own property and even sue. This fake person can even protect the real people who own or run it.
Here is the fake person a lot of real people notice. It involves Wills and future off-springs and is often referred to as “the fertile octogenarian.” Though it is understandable that the Will of a male should include any future off-spring, it is a little silly to include that for an older woman. But better safe, don’t you think? The reasoning is simply … who knows? It could happen. But so far in human history, there have never been an 80 year old female giving birth.
Understanding the law and your rights can be confusing. If you have questions especially about injury law, you can talk with the lawyers at Eiland and Ritchie for free. There is no cost until we collect for you. We want to help you get back on your feet.
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