What is Talem Qualem?
In general, the thin-skull rule dictates that a Defendant cannot use the extraordinary vulnerability of the Plaintiff as a defence. This is also referred to as the talem qualem rule. The rule is based on the principle that you take your victim as you find them.
What is the eggshell theory?
The answer lies in what is known as the Eggshell Plaintiff doctrine. The doctrine says that a negligent defendant takes the victim as he or she finds the victim–even a victim that is as fragile or delicate as an eggshell. In other words, a defendant may injure someone who is very sturdy, and who heals very quickly.
What is meant by the thin skull rule?
The principle that dictates that a defendant is liable for the full extent of the harm or loss to the claimant even where it is of a more significant extent than would have been expected, due to a pre-existing condition or circumstance of the claimant.
What is an eggshell victim?
In simple terms, the eggshell skull rule states that injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed him/her to a more severe injury. This rule protects victims from something they have no control over.
What is novus actus?
Novus actus interveniens is Latin for a “new intervening act”. As a novus actus is an “independent” intervening act, it can be occasioned by anyone or anything other than the initial wrongdoer. This general category also includes the injured party him or herself, another third party or even an act of God.
Does eggshell skull apply to criminal law?
The doctrine is applied in all areas of torts – intentional torts, negligence, and strict liability cases – as well as in criminal law.
Does eggshell rule apply in criminal law?
The eggshell rule can apply to both criminal and civil cases. In a criminal case, prosecutors can use the rule to hold the defendant accountable for all the injuries and consequences a victim suffered due to the crime, even if a pre-existing condition exacerbated these injuries.
What is eggshell skull rule in tort?
The eggshell skull rule says that the person who hit the eggshell skulled person will be responsible for the extreme consequences that the person with the eggshell skull suffered, not just the amount of harm a normal person would have suffered. The eggshell skull rule is often also called thin skull rule. History.
Who is tortfeasor?
A person who commits a tort is known as a tortfeasor . if the court determines that the defendants tort has caused the plantiff to suffer loss or harm, then the defendant is deemed legally responsible or liable to compensate the plaintiff. More the one tortfeasor may be involved in contributing to a tort.
What is novus actus interveniens law?
How do you break the chain of causation?
It was agreed that in order to break the chain of causation, the intervening act must be so unreasonable that it eclipsed the Defendant’s wrongdoing. Henceforth whilst the defective door might be the factual cause, Mr Clay stepping across the balcony had eclipsed it.