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To: Amerigomag
Re: attractive nuisance and had the legal duty to inform

"2 very liberal concepts."

Ridiculous!

"Care to guess when the nuisance doctrine was embellished in the US and who appointed the judges which turned long standing common law on its head?"

The nuisance doctrine comes from old English common law and was observed in the US before the Revolution. Each State recognizes and follows it, as does the US since the Signing of the Constitution.

In this case I used the term nuisance, because it applies to the station's offer of the deadly contest in the community of listeners. I used the term attractive, because it applies to it's attractiveness. It was in an attractive invitation with a hidden risk of death. It would only be inappropriate to use it if the contestants weren't enjoying their lives.

The duty to inform is Biblical, so is the concept of nuisance. They are both contained in the 2nd of the 2 great commandments. Even under caveat emptor, risk could not be concealed, and common law contained the concept of negligent action. The station can not say that there was no way no know ahead of time, because all they had to do was call a doc to get some info.

"who appointed the judges which turned long standing common law on its head?"

I don't know. The king?

77 posted on 01/18/2007 11:25:42 PM PST by spunkets
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To: spunkets
The king?

Correct!

FDR's reign lasted from the time of the Great Depression in 1933 until the Contract with America in 1994. 41 years. 41 years of liberalism that is bringing this country to the brink of existence.

Before FDR, Strange was simply an unfortunate, or less temperately, an idiot. Today she's a victim.

Prior to FDR, public radio was a civil affair of news, higher culture and information. After metatastisization of the liberal cancer Roosevelt introduced into our culture, the public airways have become a melange, including enticements for the public to commit suicide to increase the popularity and/or notoriety of a radio station.

97 posted on 01/19/2007 7:48:15 AM PST by Amerigomag
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