Torts Quiz

[law543]

Maybe.  But the owner saying they didn't do anything without some other evidence doesn't really change things.

If the owner says he didn't do anything...and there is NO evidence to point to...that's why it's res ipsa loquitur. Is that what you are saying?

What if the P presents a witness who saw a 10 year old fiddling with the mower?

That's a different scenario, then. Now we have grounds for a different theory. Maybe vicarious liability of some sort.

Law543

[jeffjoe]

Maybe.  But the owner saying they didn't do anything without some other evidence doesn't really change things.

If the owner says he didn't do anything...and there is NO evidence to point to...that's why it's res ipsa loquitur. Is that what you are saying?

Yup.

[jeffjoe]

Can minors ever give effective consent to medical procedures?

[law543]

Can minors ever give effective consent to medical procedures?

Yes, there are exceptions allowing a minor to give medical consent: Minors serving in the military or emancipated children...and some others that I can't think of.

Law543

[Dicta]

In Tn it is "the rule of 7s".
A particularly mature minor who has demonstrated above average maturity may be considered an adult in some actions...
can't remember the breakdown, but 14 and up has rebuttable presumption of maturity? or is it immaturity?

[jeffjoe]

Mature minor exception.  This is not the same as an emancipated minor.

rule of sevens

7 and under - no capacity to consent
7 -14 - rebuttable presumption of no capacity
over 14 - rebuttable presumption of capacity

[Dicta]

Question: Does Tennessee follow the Cornpropst holding in a duty to warn case?

[jeffjoe]

Question: Does Tennessee follow the Cornpropst holding in a duty to warn case?

no


Can you recover normal expenses of raising a child in a wrongful birth case?

[Dicta]

no. expenses re their special needs only.

[Dicta]

In a trespass to land case in TN must there be damage?