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?
|
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 ..
|