Case Study: Garratt V. Dailey

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Garratt v. Dailey, 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955) In 1955, 5 years old Brian wanted to prank Ruth Garratt by pulled a chair from Ruth Garratt, when she wanted to sit on the chair. As a result from Brian’s prank, Ruth fell and broke her hip. Ruth filed a lawsuit against Brian’s family and stated that Brian acted intentionally, which cause her to suffer injury. Ruth wanted compensate worth $11,000 dollars from Brian’s Family. Brian’s family appealed on the basis that 5 years old children cannot be responsible for intentional tort. The court reaction: In this case the court ruled that, anyone can be responsible for intentional tort, as long as the responsible person knew that the act carried a risk of injury. White v. Muniz 999

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