EGGSHELL SKULL Meaning and
Definition
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Eggshell skull is a legal term that refers to a legal doctrine in tort law, which states that a defendant is responsible for any resulting harm or injury, no matter how unexpected or severe, that occurred due to their wrongful act or negligence, regardless of the plaintiff's pre-existing condition or vulnerability. This principle is based on the notion that a defendant must take their victim as they find them, with all their pre-existing weaknesses or conditions that make them more susceptible to harm.
The term originates from the visual analogy of an eggshell, symbolizing a fragile condition. It emphasizes that the defendant must assume full responsibility for the consequences of their actions, even if the plaintiff's condition makes them more susceptible to injury than an average person. The doctrine recognizes that individuals have varying degrees of susceptibility to harm, and a defendant should not be able to escape liability simply because the plaintiff's physical or mental condition makes them more prone to the consequences of the defendant's wrongdoing.
This principle serves as a protective measure for vulnerable individuals and places the burden of caution on the defendant, ensuring they are held accountable for any harm caused, regardless of the severity or unpredictability of the resulting injury. Additionally, it discourages defendants from exploiting a plaintiff's existing physical or mental conditions by arguing that their injuries were pre-existing or exaggerated, as they must bear the consequences of their actions no matter the fragility of the plaintiff.
Common Misspellings for EGGSHELL SKULL
- wggshell skull
- sggshell skull
- dggshell skull
- rggshell skull
- 4ggshell skull
- 3ggshell skull
- efgshell skull
- evgshell skull
- ebgshell skull
- ehgshell skull
- eygshell skull
- etgshell skull
- egfshell skull
- egvshell skull
- egbshell skull
- eghshell skull
- egyshell skull
- egtshell skull
- eggahell skull
- eggzhell skull
Etymology of EGGSHELL SKULL
The term "eggshell skull" has its roots in English common law, specifically in the context of personal injury law. The etymology of the term can be broken down into two parts:1. Eggshell: The word "eggshell" derives from the Old English term "ecg(es)cealu", which literally means "edge shell". It is a compound word comprising "ecg", meaning "edge" or "point", and "scealu", meaning "shell". Over time, the word has come to be associated with the thin, delicate, and easily breakable nature of an eggshell.2. Skull: The word "skull" comes from the Middle English word "skulle", which originally meant "skull" or "brainpan". It can be traced back to the Old Norse word "skalli" or the Proto-Germanic root "*skallō", both of which conveyed a similar meaning.
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