LAWG 101D2 Lecture Notes - Lecture 21: Spontaneous Combustion, Learned Hand
23 Jan 2018
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Sue is 10, parents didn"t supervise, her volcano injured bob because she misunderstood the instructions on the website, his parents want to sue. Instructions were complex and a reasonable 10yo wouldn"t understand it: cml: she would be judged as a reasonable 10yo. Mchale v watson age and capacity of a particular child; She did follow instructions from the website, however she didn"t follow teacher"s instructions to talk to her parents. Although, had she asked, her parents wouldn"t have helped anyways (very circumstantial). Parents: cvl: ginn v sisson parents should supervise their children. Parental liability under 1459 lack of supervision: cml: parents must be directly at fault negligence, on parental responsibility act, parents have to prove they weren"t at fault. Teacher: cml: she reasonably relied on a kid to ask her parents, the counter-argument is though that she had to check that again, saying it once is not enough.
