Legal Liabilities Flashcards
To revoke a contract, the minor simply must return the property and the other party shall refund his payment. Nothing more. Common law rule. Suggests that minor could be liable if sought to recover in tort, b/c seller didn’t voluntarily enter into situation to allow minors to trash property
Swalberg v. Hannegan [Utah]
Allow contract to be rescinded and minor recovers full purchase price subject to deduction for minor’s use
Benefit Rule
Minor’s recovery of full purchase price is subject to a deduction for minor’s use or depreciation/deterioration of items in his possession. Usually only applicable if there is no undue influence, minor hasn’t been overreached in any way and the K is fair and reasonable
Dodson v. Shrader [Tenn]
Generally, minors are civilly liable for their own torts, even if they have to act with intention. May have a higher age limit if statute requires them to act maliciously b/c that requires moral judgment.
Bailey v. C.S. [Texas Ct. App.]
Under 7 - no jurisdiction b/c can’t form appropriate mens rea 7-13 - presumed innocent, but can be rebutted, w/ lower rebuttal standard as child ages 14+ - criminally liable
Infancy Defense
A minor may be guilty of negligence although the standard of conduct is the standard behavior of a child of like age, intelligence, and experience. When per say negligence is coming in b/c of violation of criminal standard, look towards infancy defense
Kunns v. Brugger [Penn.]
Parents/guardians aren’t vicariously liable for harmful acts committed by children in their charge unless negligent
Common Law - Parental Responsibility
Parents are jointly and severally liable for the willful and intentional infliction of personal injury to any person or destruction of real and personal property occasioned by their minor…provided that damages recoverable are only to the extent of hospital and medical expenses incurred but not to exceed the sum of $1,000 for each occurrence.
Neb. Rev. Stat. 43-801
Family Immunity Doctrine
Common law considered against the family interest to allow a child to sue the parent or the parent to sue the family
Anderson v. Stream [Minn.]
Minnesota has abolished parental immunity w/ limited exceptions, which have proved difficult to implement. Completely abolishes parental immunity and instead adopts the reasonable parent standard which asks whether the parent acted as an ordinarily reasonable and prudent parent would have done in similar circumstances
Burnette v. Wahl [Ore.]
Court refuses to allow claim for emotional distress for children of neglectful mother b/c the legislature has enacted a vast array of laws for the purpose of protecting/vindicating those rights – it has never undertaken to establish a cause of action for damages for any emotional injury; significant b/c this isn’t a common law theory of recovery and it would be natural for the legislature to so provide. The underlying assumption is that the CPS statutes weren’t intended to create any civil obligations. We trust that the legislature has a plan for its approach and won’t interfere, especially since applying damages would be hard to calculate and would further disrupt a family that could be reunited. If you permit this kind of action, then you’ve got everyone as a potential plaintiff - every divorce will expose a child to emotional harm, for example.
Common Law Emancipation
Severed duty of parent to support child but didn’t give the child adult contractual rights
Accent Service Co. v. Ebsen
Emancipation relieves the parent of liability to those who furnish life necessities to child. Emancipation can be proved by circumstantial evidence, express agreement, or implied from the circumstances such as (i) voluntary acts of the child that terminate the support obligation – military enlistment, marriage (ii) where the parent is ready/willing to supply necessaries and otherwise fulfill his obligation, but the child voluntarily lives apart from the parent with consent, but not where the child is living apart without consent, where there was evidence that the parent authorized the sale of the goods to the child. Seems to be emancipation occurs if (1) child leaves, (2) parent isn’t supporting the child and the (3) child is supporting himself.
In re Snyder [Mich]
Substantial evidence supports finding parent child relationship has dissipated to the point where parental control is lost. Custody is removed from the parents and the 16 y.o. girl is placed in foster care. “right to divorce” parents
The Child Witness
Children as witnesses are at particular risk for emotional and psychological tramua when they participate in judicial proceedings. States get around by using (i) hearsay exceptions to get in child statements or (ii) allowing videotaped statements or other physical forms that keep the kid out of the courtroom.
