Example of the eggshell skull

Assignment Help Business Management
Reference no: EM131348664

Consider Vosburg v. Putney, an 1891 Wisconsin case.  Putney, age 11, kicked Vosburg, age 14, in the leg during school.  The kick was not very hard - the jury found that "defendant, in touching the plaintiff with his foot, did not intend to do him any harm."  However, Vosburg was recovering from an earlier sledding injury to the same spot, and the light kick somehow caused Vosburg to permanently lose the use of his leg.  The court ruled that, even though Putney had no way of knowing Vosburg was so fragile, he (his parents) was liable for the harm done.

This is an example of the "eggshell skull" principle in tort law - even if someone has a skull as fragile as an eggshell, if you tap them on the head and break their skull, you're still liable.  This is also described as the doctrine that "we take our victims as we find them."

1) If we assume that people are aware of their own frailties, how does this compare to the ruling in Hadley v Baxendale? Do you see a reason for the difference?

2) An alternative rule would be for injurers to be held liable for the harm their actions would have done to a "typical" victim, not the victim they actually injured. Which rule seems better to you?  Why?

Reference no: EM131348664

Questions Cloud

Determine the thermal efficiency : Determine the thermal efficiency,- the horsepower output, and - the boiler heat input rate of this engine.- Ignore the boiler feed pump power requirement.
Write a eight pages paper using annotated bibliography : Write a 6-8 page paper using my annotated bibliography? The reading is Kate Chopin's "Story Of An Hour" i already have an annotated bibliography and a thesis i just need someone to write it for me.
Determine the net work produced per cycle of operation : Determine the net work produced per cycle of operation.- What is the required temperature of the low-temperature reservoir, and how much heat must be rejected to it?
Do a critical analysis on activity based management : Do a critical analysis on Activity Based Management (ABM) and Small or Medium business (SME) and try to apply it to the UAE context.
Example of the eggshell skull : This is an example of the "eggshell skull" principle in tort law - even if someone has a skull as fragile as an eggshell, if you tap them on the head and break their skull, you're still liable.  This is also described as the doctrine that "we take..
Determine the carnot cycle heat engine thermal efficiency : For the thermal reservoir temperatures shown in given Table, determine the Carnot cycle heat engine thermal efficiency.
Precaution on the part of the injurer : In this scenario, would this cost-shifting rule lead to over-, under-, or efficient precaution on the part of the injurer?
Play in the world of the monopolist : What role do patents, licenses, and copyrights play in the world of the monopolist?
What is the intrinsic value of your put contract : Three weeks ago, you purchased a June $50 put option on Hi-Tech Metals stock at an option price of $.60. The market price of the stock three weeks ago was $51.20. Today, the stock is selling at $48.50 a share. What is the intrinsic value of your put ..

Reviews

Write a Review

 

Business Management Questions & Answers

  Marriot hotel-evaluate organizational functions

Determine how organizational functions such as marketing, finance, human resources, information technology, and operations influence and determine the Marriott hotel

  Defines strategies used to reduce expected losses

1. Which of the following best defines strategies used to reduce expected losses? A. Loss control C. Loss reduction B. Loss prevention D. Loss avoidance

  Explain the processes used in the walmart organization

Explain the processes used in the Walmart organization in compliance with SEC regulations.

  Does this company have special strengths

Does this company have special strengths that help it deal better than others with challenges such as those posed by a declining economy?

  Illustrate what specifically would the experience of living

Illustrate what specifically would the experience of living also working in another country contribute to your skills also effectiveness as a manager in your own country.

  Logarithmic regression equation

A study of cigarette demand resulted in the following logarithmic regression equation:

  Networking and negotiation and communication

What has the best experience been for you as a follower and as a leader? Do we have to learn how to be good followers first before we can be good leaders?

  Utilizing one of the internet search engines

Utilizing one of the internet search engines, find an organization that has recently been forced to increase or decrease capacity dramatically to align with customer demand. Discuss specifically the key drivers for the change in demand along with the..

  Process and outputs to end the process

Create a process map/flow chart for one (1) of the following three activities: You can use either Microsoft Word or Visio to create this flow chart.

  Examine the most applicable components of a business plan

Write a 700-word article analysis in which you examine the most applicable components of a business plan. Recommend any changes that would be required if the plan were to be used in a foreign country

  List three significant events that have happened

This assignment should be helpful in generating and refining topics for your upcoming Narrative essay (look ahead to the Narrative Essay writing criteria). This practice also may be helpful in future writing projects.

  How does the decision in this case impact the validity

How does the decision in this case impact the validity of the Board and other provisions of the Sarbanes-Oxley Act?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd