Law School Discussion

Torts Quiz

Re: Torts Quiz
« Reply #60 on: December 05, 2004, 07:35:49 PM »
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?

Quote
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.

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jeffjoe

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Re: Torts Quiz
« Reply #61 on: December 05, 2004, 08:13:03 PM »
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

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Re: Torts Quiz
« Reply #62 on: December 05, 2004, 08:23:22 PM »
Can minors ever give effective consent to medical procedures?

Re: Torts Quiz
« Reply #63 on: December 05, 2004, 09:45:33 PM »
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.

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Dicta

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Re: Torts Quiz
« Reply #64 on: December 06, 2004, 07:30:40 AM »
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?

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Re: Torts Quiz
« Reply #65 on: December 06, 2004, 08:22:23 AM »
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

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Re: Torts Quiz
« Reply #66 on: December 06, 2004, 09:49:30 PM »
Question: Does Tennessee follow the Cornpropst holding in a duty to warn case?

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Re: Torts Quiz
« Reply #67 on: December 07, 2004, 08:58:07 AM »
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

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Re: Torts Quiz
« Reply #68 on: December 07, 2004, 07:58:20 PM »
no. expenses re their special needs only.

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Re: Torts Quiz
« Reply #69 on: December 08, 2004, 10:07:53 AM »
In a trespass to land case in TN must there be damage?