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Is there an incapacity defense for intentional torts?
All persons are capable of intentional torts. There is no incapacity defense. So long as the act is voluntary and is substantially certain to bring about the intended result, the element of intent is met. Reasonable Apprehension of Imminent Harm.
Can a tort be an intentional tort of assault?
Assault Paul has sued Dina alleging the intentional tort of assault. In order to recover, Paul must establish that Dina 1) intentionally 2) created in Paul a reasonable apprehension 3) of imminent harmful or offensive bodily contact. There are two acts of Dina that might give rise to liability for assault.
Can a victim of a tort attempt to escape?
However, this argument will fail. During the commission of the tort, it is foreseeable that the victim Paul would try to escape. The injury during the escape was caused by the assault and Dina is liable for these damages. Dina may attempt to raise the defense of self-defense.
How old is Dina in the torts essay?
The exam answers may not be reprinted or republished in any form without express written permission. Dina, aged sixteen, lives at home with her mother, Mary, in a state where the age of majority is eighteen.
Last Update: Oct 2021
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