Latin Phrases

[NoMercy]

Does anyone know the Latin phrase that translates to "You take your victim as you find them?"

My friend heard this years ago when visiting his solicitor, and would dearly love to remember, but cannot.

[Buenchico]

Your reference is to the 'eggshell skull rule' which, per se, does not have a Latin translation. The words stating that those "who use violence on others must take their victims as they find them" seem to be solely attributed to Lord Lawton in R v Blaue, heard before the Court of Appeal in 1975.

However the legal principle is based upon the consideration of novus actus interveniens meaning (roughly) 'a newly intervening act'.

Chris

[NoMercy]

The phrase I was referring to was relating to injuries sustained in accidents etc.

The 'Take your victim as you find them' means that you cannot mitigate by saying that the victim had a pre-existing injury, i.e. a bad back, before sustaining whiplash.

[fredpuli47]

Beats me.Never heard this expressed as a Latin maxim and I can't find so much as 'you must take as you find' in any Law Dictionary of maxims in Latin.! You never know, if we trawl through Fred Lawton's judgment in Blaue, he might have used a Latin expression ,but that's doubtful because using Latin wasn't really his style.

In R v Blaue the victim died only because they'd refused a blood transfusion,it being contrary to their religion.It was argued that the defendant wasn't, therefore, responsible for the death itself. What had caused the death was the victim's refusal to take the blood transfusion .Lord Justice Lawton and his brother judges rejected that argument, as evidenced by the quote given by Buenchico ! (But we don't think it was ever said in Latin).