LIABILITY IN TORT OF INFANTS AND INSANE PERSONS
Bohlen, Francis H.
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- 1988Polmatier v. Russ Conn.
- 1975DeLuca v. Bowden Ohio
- 1961Daun v. Truax Cal.
- 1955Garratt v. Dailey Wash.
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Abstract
It is universally held that mere infancy or insanity does not preclude liability for the impairment of another's bodily condition or the physical condition of another's property caused by conduct which, if that of an adult or mentally normal person, would be a wrong of aggression or negligence. But there is a conflict of authority and a wide divergence of opinion among text writers as to the liability of persons who, because of extreme youth or mental deficiency, are incapable of forming a culpable intention, or whose incapacity to realize the probable consequences of their conduct makes it unjust to require them to conform to the standards of conduct legally required of adult and mentally normal persons.