The rule of sevens, in
English common law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality bef ...
, establishes three age brackets for determining a young person's capacity to be responsible for
tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
s and crimes. Children under the age of seven cannot be held to have capacity, while there is a
rebuttable presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requ ...
that a minor aged 7 to 14 lacks capacity; for those aged 14 to 21, there is a rebuttable presumption of capacity. The rule of sevens is also used in determining capacity to give
informed assent to participate in clinical trials.
Examples
Tennessee
Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...
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.
North Carolina
North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
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.
[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.]
References
Common law
{{UK-law-stub