The Price Of Waiving The Reasonable Man / Woman Test

Author:Mr Doron Bergman
Profession:Doron Bergman


This article deals with the formulation of a central tool as a necessary condition in evaluating the validity and applicability of the "professional solution" provided via an expert opinion by an expert, and no less important by decision makers and those affected by them in court cases.

Applicable and valid solutions to business issues and disputes are a necessary condition for continuity, stability and growth, and therefore their validity and appraisal are derived from their ability to provide and preserve business continuity under market conditions for a reasonable period. Such a grand goal should not be "science fiction", but rather an evaluation tool focusing on the sustainability of the solution as a result of the price of its implementation or violation.

There is a natural and understandable tendency among professionals to act based on professional, well known and valid models that serve as "incubators" and give a sense of security and professional validity to the opinions of experts. It is often the case that this sweeping reliance on the familiar is appropriate, and releases the professional from the need to "reinventing the wheel" again and again, and this is good. On the other hand, the dynamic business reality of our lives, that is not always balanced, and reflected in the decision making conditions that are not optimal, is expressed in a limited level of database validity and integrity, and a legal-business structure that is ambiguous. Therefore, in quite a few cases based completely and automatically on familiar models, the models serve as "professional crutches" that often do not pass the test of reality, and therefore constitute a two-edged sword for those adopting them.

The reader of this article may conclude that professional tools and the logic on which they are founded should be abandoned - this is not the case! Yet I must stress that it is necessary to examine the suitability of the professional tools in many cases, based on a critical approach founded on the logical thinking and life experience of those connected to the issue, be they decision makers, the parties affected by these decisions or professionals that have formulated the proposed solution.

Such a critical approach may produce an applied solution, whose validity and applicability is not tried in local courts or boards, without undervaluing the importance of these forums, but stands the test of reality over time.

Business and legal decision makers are managers by nature...

To continue reading