
Contents
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Historical Development of State Statutory and Common Law Personal Injury Claims Historical Development of State Statutory and Common Law Personal Injury Claims
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A Case Example: Barton v. Bee Line, Inc. A Case Example: Barton v. Bee Line, Inc.
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Consent as a Limiting Factor in Negligence Claims Consent as a Limiting Factor in Negligence Claims
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The Rule of Sevens. The Rule of Sevens.
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The Doctrine of Misprision. The Doctrine of Misprision.
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The Writ of Seduction. The Writ of Seduction.
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The Restatements (Second) of Torts and Consent. The Restatements (Second) of Torts and Consent.
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Public Policy and Civil Personal Injury Claims Public Policy and Civil Personal Injury Claims
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A Survey of Recent Personal Injury Cases A Survey of Recent Personal Injury Cases
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Consent as Irrelevant Consent as Irrelevant
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Consent as Relevant Consent as Relevant
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From Comparative Fault to Comparative Power From Comparative Fault to Comparative Power
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Conclusions Regarding Public Policy and Civil Personal Injury Law Conclusions Regarding Public Policy and Civil Personal Injury Law
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Five The Development of Civil Law’s Response to Worldly Women and Precocious Teenagers: Historical Wisdom or Oppressive Judgment?
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Published:February 2016
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Abstract
The civil system addresses personal injury, sexual exploitation, and “consent,” among other matters, through common law tort (personal injury) laws or more modern state statutory responses to human interactions. This chapter provides the civil law backdrop for the analysis of how adults, and especially jurists, might use the new information regarding adolescent development and psychosocial maturity. By comparing the varied traditional civil law approaches to juvenile behavior, this chapter reveals gross legal inconsistencies between criminal and civil law treatment of adolescent capacity and “consent.” Before one evaluates the efficacy of modern anti-discrimination statutes, most not designed to protect “consenting” teenagers, one should consider the development of civil common law rules that cover similar behavior. These common law claims highlight the importance of capacity and consent. They influenced the development of antidiscrimination law and, perhaps, reveal clues about how jurists exported some traditional and discriminatory attitudes to those new laws.
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