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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.
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 to recover an intentional tort of battery?
To recover for the intentional tort of battery, Paul must establish that Dina intentionally caused a harmful or offensive contact with Paul’s person. Intent. Here, the same act of Dina, riding the bike at Paul, suffices as the intentional act. The act was voluntary despite Dina’s illness as discussed above.
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.
Last Update: Oct 2021
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