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Eggshell skull

An eggshell is often used as a visual metaphor for the thin skull rule.

The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule)[1] is a well-established legal doctrine in common law, used in some tort law systems,[2] with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.

  1. ^ Mann, Trischa (2015-04-23), "talem qualem rule", Australian Law Dictionary, Oxford University Press, doi:10.1093/acref/9780195518511.001.0001, ISBN 978-0-19-551851-1, archived from the original on 2020-05-18, retrieved 2020-04-22
  2. ^ 708 F.2d 1217 Archived 2011-07-27 at the Wayback Machine, citing Prosser, Handbook of the Law of Torts 261 (4th ed. 1971)

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