The man on the Bondi tram is a
fictional legal character used in
civil law in
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
,
Australia, 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
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
. The phrase borrows from the English formulation of the '
man on the Clapham omnibus
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negl ...
', who personifies an average,
reasonable person
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.
Strictly according to the fiction, it i ...
. It is comparable to the phrase 'the man in the street'.
Government
tram
A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are ...
s were discontinued in Sydney in the 1960s, to be replaced by buses.
References
Legal fictions
Law of Australia
Australian English
Placeholder names
{{Australia-law-stub