In addition to such factually unique cases, the substantive law actually changes to reflect expectations of “normal” Halloween behavior. One court aptly noted the distinction as applied to the duty of care in the tort context: On any other evening, presenting a frightening or threatening visage might be a violation of a general duty not to scare others. But on Halloween at trick-or-treat time, that duty is modified. Our society encourages children to transform themselves into witches, demons, and ghosts, and play a game of threatening neighbors into giving them candy.
Posted on: Mon, 28 Oct 2013 03:02:30 +0000
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