Jayne: Captain, can you stop her from bein' cheerful, please? Mal: I don't believe there is a power in the 'verse that can stop Kaylee from being cheerful. Sometimes you just wanna duct tape her mouth and dump her in the hold for a month.

'Serenity'


Natter .38 Special  

Off-topic discussion. Wanna talk about corsets, duct tape, or physics? This is the place. Detailed discussion of any current-season TV must be whitefonted.


bon bon - Sep 21, 2005 11:27:38 am PDT #9660 of 10002
It's five thousand for kissing, ten thousand for snuggling... End of list.

There must be a threshold of harm, though, right? I mean, if they would have put her in a bad mood, no big deal. If they thought they'd only put her in a bad mood, are they on the hook for suicide?

We are really getting into the heart of tort law here. Your culpability, or liability, depends on what you should or could reasonably foresee as the consequences of your actions. As for the bad mood question: most tort cases involve defendants who *didn't* foresee the harm they caused (that's why it's a tort and not a crime), but they should have. Perhaps in this case they hectored and goaded her mercilessly; perhaps it was obvious that she was mentally unstable. So it could be reasonably foreseeable that a mentally unstable woman would commit suicide if forced to do a horrible thing.

I'm not saying, of course, that her claims have merit, just that they don't seem legally unjustifiable to me at first glance.


Hayden - Sep 21, 2005 11:27:39 am PDT #9661 of 10002
aka "The artist formerly known as Corwood Industries."

Rita just hit Category 5.


§ ita § - Sep 21, 2005 11:28:12 am PDT #9662 of 10002
Well not canonically, no, but this is transformative fiction.

But my confusion, Wolfram is -- sure, they might have known they were going to cause her harm. But teensy little harm. Turns out she commits suicide instead of posting in LJ. Do the plaintiffs have to prove it was evident she was going to react over the threshold, if the defendants maintain there was no reason to expect it, since the stimulus would provoke reactions way below it in "normal" folks, and they couldn't tell she wasn't one of them.

eta: Never mind -- I think bon's cleared it up for me.


Beverly - Sep 21, 2005 11:33:39 am PDT #9663 of 10002
Days shrink and grow cold, sunlight through leaves is my song. Winter is long.

There's a rumor it's Sophia's birthday. Felicitations, Sophia!


Allyson - Sep 21, 2005 11:41:20 am PDT #9664 of 10002
Wait, is this real-world child support, where the money goes to buy food for the kids, or MRA fantasyland child support where the women just buy Ferraris and cocaine? -Jessica

oy. dumbass on craigslist posting about how credit checks are going to cause the downfall of society and credit card companies always lose his payments on purpose so they can get late fees and that is why he is going to be homeless and you people all suck for doing credit checks.

Dude. I know. The world is totally out to get you.

goes back to apartment hunting


sarameg - Sep 21, 2005 11:43:45 am PDT #9665 of 10002

That reminds me...I should have gotten my statement already. Guess I should look it up online and send in a check....


msbelle - Sep 21, 2005 11:46:31 am PDT #9666 of 10002
I remember the crazy days. 500 posts an hour. Nubmer! Natgbsb

reminds me to go list things on craigslist.


Wolfram - Sep 21, 2005 11:54:13 am PDT #9667 of 10002
Visilurking

eta: Never mind -- I think bon's cleared it up for me.

I think you're asking whether the level of harm must be foreseeable. IOW, if it was foreseeable that they'd hurt her feelings, does that meet the foreseeable requirement if she then goes ahead and offs herself. My gut is to say that the level of harm should be foreseeable, but in tort law if your plaintiff is Mr. Glass and you push him down and he breaks every bone in his body, you're liable even if that harm wasn't foreseeable. So, I'm not sure. Bon bon?


Allyson - Sep 21, 2005 11:56:52 am PDT #9668 of 10002
Wait, is this real-world child support, where the money goes to buy food for the kids, or MRA fantasyland child support where the women just buy Ferraris and cocaine? -Jessica

Perhaps in this case they hectored and goaded her mercilessly; perhaps it was obvious that she was mentally unstable. So it could be reasonably foreseeable that a mentally unstable woman would commit suicide if forced to do a horrible thing.

Hm. This would make the internets a most liable place to be. Someone should warn the good folks at Fandom Wank.


dw - Sep 21, 2005 11:57:49 am PDT #9669 of 10002
Silence means security silence means approval

The barometric pressure inside Rita dropped from 934mb to 923mb in approximately an hour and forty minutes.

That's an impossible statistic to fathom, because no one remembers a hurricane shedding 11mb in 1:40, ever. Charley shed 10mb in two hours last year, right when it did the big bump from cat 1 to cat 4.

Time to start rooting for shear, or else the west side of Houston is going to be flattened.