What is the "eggshell skull" rule and how does it work?

The eggshell skull rule (or thin skull rule) describes the principle that a defendant must "take the victim as he finds them". This means that particular vulnerabilities or frailties of a victim cannot be considered when determining the liability of the defendant. For example, if the defendant's action of punching the victim leads to death because of a rare bone disease that the victim has (whereas it would usually only cause mild injury) the defendant cannot rely on this as a defence, even if he was unaware of the victim's condition. In summary, where the full extent of the damage was unforeseeable due to the victim's particular vulnerability or characteristic, the defendant will still be liable for the full extent of the damage. This principle is important in tort and criminal law. 

R v Blaue is a useful case to illustrate the operation of the rule. The victim of an attack refused a blood transfusion on religious grounds even though the transfusion would have saved her life. The defendant was liable for the death because the victim's religious beliefs were an unexpected characteristic that fell within the scope of the eggshell skull rule.

EC
Answered by Eleanor C. Law tutor

42660 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

[after scenario] What offences could Ken be liable for when looking at his conduct towards Norma?


Discuss the possible criminal liability of Adam for the injuries to Brandon and to Calvin. Discuss the possible criminal liability of Calvin arising out of his shouting at Adam.


Explain the difference in assessing the breach of duty for negligent doctors compared to the ordinary person.


What role does the doctrine of 'good faith' have to play in the English law of contract?


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2026 by IXL Learning