Thin Skull Principle

Topics: Religion, Faith, Tort Pages: 4 (1554 words) Published: March 4, 2013
In law, one may come across many individuals who support a certain belief or religion. It is entrenched in The Canadian Charter of Rights and Freedoms and the United States Bill of Rights that the law cannot distinguish one belief or religion from another, and that it is our right to choose whichever faith we deem to suit our lifestyles and principles. If so, then when in court, is it acceptable to make judgement when recognizing and taking into account the practices of faith of a person? There are multiple cases in which the “thin skull” rule is used and in where religion is involved with the defendants or plaintiffs case. In cases where a person is in dire need of, but rejects medical assistance due to religious beliefs the thin skull rule should not apply when the plaintiff is attempting to sue the defendant. If not treated the condition of the plaintiff may deteriorate greatly and seeing as it was the plaintiff’s choice to not receive medical intervention, the defendant is not at fault for any recurring or lasting injuries. This essay will present that the thin skull rule should not apply to those attempting to use it when they have declined medical treatment in hopes of gaining compensation for something that they could have prevented or had repaired but didn’t due to religious reasons. The thin skull rule is “an additional exposure in tort liability towards persons who are particularly vulnerable or more fragile than the norm, who may have inherent weaknesses or a pre-existing vulnerability or condition; the tort-feasor takes his victim as he finds them; he compensates for all damages he caused, even if damages are elevated compared to a norm because the plaintiff was thin skulled.” In order to understand the application and importance of this rule one could consider the following example. Imagine person A has osteoporosis and person B does not. If C’s negligence caused A to fall much more damage would be incurred due to the underlying condition than...
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