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Encyclopedia > Eggshell skull
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Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Abuse of process  · Malicious prosecution
Fraud  · Tortious interference
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability torts
Ultrahazardous activities
Products liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence
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The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre-existing vulnerability or medical condition. The term implies that if a person had a skull as delicate as the shell of an egg, and a tortfeasor or assailant who did not know of that condition were to tap that person on the head, causing the skull to break, the responsible party would be held liable for all damages resulting from the wrongful contact, even though they were not forseeable. The general maxim is that the defendant must "take their victim as they find them". Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... Jump to: navigation, search At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... Jump to: navigation, search False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Jump to: navigation, search Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Jump to: navigation, search Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Trover signifies finding. ... Jump to: navigation, search In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement that negatively affects someones reputation. ... The right to privacy is the right to control information about yourself in two situations. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Jump to: navigation, search Bold text Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... Jump to: navigation, search In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... The tort of negligent infliction of emotional distress is a controversial legal theory and is not accepted in many United States jurisdictions. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... Jump to: navigation, search In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing speaks for itself. The doctrine is applied to claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... The calculus of negligence is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... Jump to: navigation, search Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Contributory negligence is a common law defence to a claim or action in tort. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... This is a defense in the law of torts. ... Jump to: navigation, search An intervening cause is a potential defense to the tort of negligence, if it is an unforseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... Nuisance is a common law tort. ... Jump to: navigation, search A contract is any legally-enforceable promise or set of promises made between parties. ... Jump to: navigation, search Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... Legal Doctrine is a framework, set of rules, or procedural steps, often established through precedence in the common law, through which judgments can be determined in a given legal case. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


The doctrine is applied in all areas of torts - intentional torts, negligence, and strict liability cases - as well as in criminal law. There is no requirement of physical contact with the victim - if a trespasser's wrongful presence on the victim's property so terrifies the victim that he has a fatal heart attack, the trespasser will be liable for the damages stemming from his original tort. The foundation for this rule is based primarily on policy grounds. The courts do not want the accused to rely on the victim's own vulnerability to avoid liability. An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... Jump to: navigation, search In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ...


The case of Smith v. Leech Brain & Co., 2 QB 405 (1962), illustrated this rule. An employee in a factory was splashed with molten metal, as a result of the burn he developed cancer and died. The defence argued that he may have had a pre-existing disposition to cancer. However, the judges dismissed this on account that such circumstances were irrelevant. Jump to: navigation, search Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Jump to: navigation, search 1962 was a common year starting on Monday (link will take you to calendar). ...


In 1891, The Wisconsin Supreme Court came to a similar result in Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wis., 1891) (reversed and remanded for a new trial on other grounds). In that case, an eleven year-old boy kicked a 14 year-old boy in the shin while at school. It turned out that the 14 year-old was recovering from a previous injury. The kick resulted in the boy entirely losing the use of his leg. No one could have predicted the level of injury before the kicking. Nevertheless, the court found that since the kicking was unlawful, as it occurred during school and not on the playground, the 11 year-old boy was liable for the injury. Jump to: navigation, search 1891 was a common year starting on Thursday (see link for calendar). ... Jump to: navigation, search In the United States, the state supreme court (known by other names in some states) is usually the highest state court in the state court system. ... Jump to: navigation, search Vosburg v. ... Jump to: navigation, search Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Remand is a legal term which has two related but distinct usages. ... A school is most commonly a place designated for learning. ... Illegal, or unlawful, is either prohibitted or not authorized by law. ... Combination playground structure for small children; slides, climbers (stairs in this case), playhouse A playground is an area designed for children to play freely, without structure, which helps to develop the childs physical, emotional, cognitive, and social well being. ...


Crumbling skull

A defense against the eggshell skull rule is the crumbling skull rule. The rule rebuts the eggshell skull by arguing that whatever harm incurred by the vicitim was inevitable and the defendant's acts only had a minimal effect upon the already deteriorating circumstances. For example, a dying patient is treated improperly by a doctor. Though the doctor did more harm than good, they cannot be held liable for the death of the patient because of the crumbling skull rule.


The crumbling skull rule can be seen as denying causation rather than rebutting the eggshell skull rule itself. In crumbling skull cases, it generally cannot be argued that, but for the defendant's actions, the harm to the victim would not have occurred.


  Results from FactBites:
 
Eggshell - Wikipedia, the free encyclopedia (549 words)
The term eggshell is a term for the outer covering of a hard-shelled egg, and some forms of eggs with soft outer coats.
The eggshell is approximately 95% calcium carbonate crystals, which are stabilized by a protein matrix.
The standard bird eggshell is a semipermeable membrane filled with thousands of pores and covered on its outer surface with a cuticle, which helps the egg retain its water and keep out bacteria.
Eggshell skull - Wikipedia, the free encyclopedia (500 words)
The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre-existing vulnerability or medical condition.
Nevertheless, the court found that since the kicking was unlawful, as it occurred during school and not on the playground, the 11 year-old boy was liable for the injury.
The rule rebuts the eggshell skull by arguing that whatever harm incurred by the victim was inevitable and the defendant's acts only had a minimal effect upon the already deteriorating circumstances.
  More results at FactBites »

 
 

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