Reference no: EM132170759
After reading about the liability for a minor’s torts and crimes, do you agree with the responsibility that a minor or a parent has in some cases? Why or why not?
liability for a minor's torts:
The law does not protect anyone, even a minor, who has committed a tort or a crime. Minors are protected against their own inexperience but not against their own wrongdoing. If a minor injures another person or damages another person’s property, he or she may be liable for such injuries or damages and may be prosecuted by the state in a criminal action. A minor may be held liable for money damages in a tort action when he or she destroys property, appropriates it for himself or herself or for another, causes another person to suf- fer a money loss through his or her negligence, or persuades another person to break a contract. A minor also can be held liable if he or she makes damaging statements in writing (the tort of libel) or orally (the tort of slander). McDonnell, who was 17, looked much older because of his large size and full beard. When the merchant asked McDonnell’s age, he claimed that he was 18, the age of majority in his state. He bought an MP3 player for $140. After using the player for six months, McDonnell brought it back to the dealer and demanded the return of his money. In most states, the dealer would have to return the money to McDonnell even though he did not know that he was dealing with a minor. The minor, despite the false representa- tion of his age, may avoid the contract. The dealer, however, may sue him for the tort of fraud and attempt to recover any damages that the dealer suffered. In many states, when a minor disaffirms a contract and returns the goods, he or she can be held liable for damages to the goods. In most states, parents are not held liable for torts committed by their children; how- ever, if a child causes damage due to a lack of parental supervision, the parent may be held liable for any damages caused by the unsupervised child.