A Level Law Practice Exam

What does the thin skull rule imply for defendants in terms of victim characteristics?

1. Defendants are only liable for the physical characteristics of victims

2. Defendants must assume the victim's vulnerabilities

3. Defendants can disregard a victim’s personal choices

4. Defendants are not liable if the victim's history is unknown

The correct answer is: Defendants must assume the victim's vulnerabilities

The thin skull rule, also known as the "take your victim as you find him" rule, indicates that a defendant must take their victim as they are, including any pre-existing vulnerabilities or characteristics that may make the victim more susceptible to harm. This means that once a defendant has caused a type of harm that results in injury to the victim, they cannot argue that they are not liable because the victim had particular vulnerabilities or characteristics that made the injury worse than it would have been for a typical person. This principle reinforces that defendants bear responsibility for the consequences of their actions, regardless of the victim's unique circumstances, such as a pre-existing medical condition or psychological issues. The victims' individual attributes, including their health, emotional state, or any other vulnerabilities, must be taken into account when determining liability. The other options incorrectly interpret the implications of the thin skull rule. For example, the first option implies a limitation on liability to only physical characteristics, which is not comprehensive of the rule's scope. The third suggests that personal choices of victims can be ignored, which is contrary to the rule’s insistence on considering the victim's unique situation. The final option inaccurately posits that a defendant can evade liability if the victim's characteristics were unknown beforehand,