Rule of sevens
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The rule of sevens, in English common law, establishes three age brackets for determining a young person's capacity to be responsible for torts and crimes. Children under the age of seven cannot be held to have capacity, while there is a rebuttable presumption that a minor aged 7 to 14 lacks capacity; for those aged 14 to 21, there is a rebuttable presumption of capacity.[1] The rule of sevens is also used in determining capacity to give informed assent to participate in clinical trials.[citation needed]
Examples
[edit | edit source]Tennessee applies this rule by rebuttably presuming that any minor aged 7–13 is not mature enough to consent to medical procedures, while minors aged 14 and older are.[2]
North Carolina applies this rule to the civil liability of children in automobile accidents. Under that state's law, if someone is found to be acting negligently, any injury from a resulting accident cannot be compensated for. When applied to children and automobile accidents, any child under the age of seven cannot be negligent regardless of their actions; it is presumed that children between the ages of seven and thirteen are not negligent unless their actions are deemed to be unreasonable for someone of that age; and anyone between the ages of fourteen and seventeen is held to the same standard as adults unless evidence is entered that contradicts that presumption.[3]
References
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- ^ https://www.wallacepierce.com/durham-car-accident-lawyer/accidents-involving-minors/rule-of-sevens/#:~:text=Legally%2C%20a%20child%20under%20seven,intelligent%20the%20child%20might%20be.
