EGG SHELL DOCTRINE 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 hit that person on the head, causing the skull unexpectedly to break, the responsible party would be held liable for all damages resulting from the wrongful contact, even though they were not foreseeable. The general maxim is that the defendant must take their victim as they find them. BATTERY 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…. The standard defenses to trespass to the person, namely necessity and consent, apply to battery. As practical examples, under the first, a physician may touch a person without that persons consent in order to render medical aid to him or her in an emergency. Under the second, a person who has, either expressly or impliedly, consented to participation in a contact sport cannot claim in battery against other participants for a contact permitted by the rules of that sport. IN LIT It would be an interesting deposition indeed to directly examine a “lawman” about his “law training.” The rules, the manual, can’t be any clearer: NO STATE [POLICE] TROOPS THERE IS NO EXCEPTION – NO BUTS Or what about the word OR in the 10th Amendment? It is pretty simple stuff, which is owed to be taught in high school. That education is no doubt a term in the only contract anyone has with our fiduciary law guardians in office. I suppose some one with a high school degree could say they don’t speak English & have never opened up a dictionary to see what words mean, but that would be odd! Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. It is most useful to plaintiffs in certain negligence cases.
Posted on: Mon, 10 Mar 2014 03:23:56 +0000
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