Dan is age 21. However, due to a lack of oxygen at birth, he is mentally disabled and has the cognitive ability of a 7 year old.

Dan likes to play with his next door neighbor Pat, age 8. Pat is going to start playing soccer this year He want to be a goalie. Pat asks Dan to kick the ball to him so he can practice catching it.

Dan kicks the ball hard and hits Pat in the face breaking his nose.

What tort, if any has Dan committed? What defenses, if any does Dan have? Explain your reasoning.