LLB102 Study Guide - Midterm Guide: Implied License, Myer, False Imprisonment
Document Summary
Mchale v watson (1964) (no intent, unable to foresee consequences due to age, parents are not responsible for all child"s actions unless reasonable foreseeable) Facts: mchale, watson, and another young girl were playing games. Watson was 12 years old at the time. At the end of the game, watson threw a sharpened metal rod at a piece of wood and it bounced off and hits mchale in the eye causing permanent blindness. Watson under the tort of trespass to person (battery). Issue: the intention for watson to cause any harm on mchale. The defendant had said that he intended for the dart to stick into the piece of wood and not bounce off into a tangent that struck. Another issue that arises in this case is if the parents are liable for damages their child may cause. Decision: the court decided that watson did not intend to cause any harm to mchale.
