Eggshell skull | Wikipedia Easy Search

This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)

The examples and perspective in this article may not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (April 2021) (Learn how and when to remove this message)

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.
Find sources: "Eggshell skull" – news · newspapers · books · scholar · JSTOR (April 2021) (Learn how and when to remove this message)

This article relies excessively on references to primary sources. Please improve this article by adding secondary or tertiary sources.
Find sources: "Eggshell skull" – news · newspapers · books · scholar · JSTOR (April 2021) (Learn how and when to remove this message)

(Learn how and when to remove this message)

Tort law
Part of the common law series
(Outline)
Trespass to the person
Assault Battery False imprisonment Intentional infliction of emotional distress
Property torts
Trespass land chattels Conversion
Dignitary torts
Appropriation Defamation Slander Libel False light Invasion of privacy Intrusion on seclusion Breach of confidence Abuse of process Malicious prosecution Sexual torts Alienation of affections Criminal conversation Seduction Breach of promise
Negligent torts
Negligent infliction of emotional distress Employment-related Entrustment Malpractice legal medical
Principles of negligence
Duty of care Trespassers Licensees Invitees Standard of care Reasonable person Proximate cause Res ipsa loquitur Restitutio ad integrum Rescue doctrine Duty to rescue Comparative responsibility Contributory negligence Attractive nuisance
Strict and absolute liability
Product liability Ultrahazardous activity Deep pockets
Nuisance
Public nuisance Rylands v Fletcher
Economic torts
Conspiracy Restraint of trade Insurance bad faith (American law) Fraud Tortious interference
Defences
Assumption of risk Consent Necessity Statute of limitations Self-defense Defense of others Defence of property Shopkeeper's privilege Neutral reportage
Liability
Intentional torts Last clear chance Eggshell skull Vicarious liability Respondeat superior Volenti non fit injuria Ex turpi causa non oritur actio Joint and several liability Market share liability Transferred intent
Remedies
Damages Punitive Special Incidental Injunction Tracing Detinue Replevin Trover
Other topics in tort law
Tort reform Non-economic damages caps Quasi-tort Delict (term used for torts in some civil and mixed legal systems) Conflict of tort laws Private attorney general Class action
By jurisdiction
Australia Canada China England and Wales European Union India Japan Taiwan United States
Other common law areas
Contracts Criminal law Evidence Property Wills, trusts, and estates
Law portal
v t e

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.

^ 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
^ 708 F.2d 1217 Archived 2011-07-27 at the Wayback Machine, citing Prosser, Handbook of the Law of Torts 261 (4th ed. 1971)