Lesson 3 Discussion A

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.

Lesson 3 Discussion B

Dave and Sue both age 21, have been dating for two years and have lived together and been sexually active with each other for over a year. Dave and Sue go to a party where Sue sees Dave talking to Sue's enemy, Mary. Sue decides to break up with Dave and starts drinking straight vodka to forget what a jerk Dave is.

After several drinks, Sue staggers up to Dave and tells him she wants to break up and then passes out. Dave thinks this is the vodka talking, takes Sue home, undresses her and puts her in their bed.

As Dave is brushing his teeth and getting ready for bed, Sue wakes up. She repeats that she wants to break up and says that Dave must sleep on the couch. Sue then falls asleep.

Dave ignores Sue and gets into the bed. They do not have intercourse.

In the morning, Sue is still mad, and moves out of their apartment.

Sue sues Dave for battery. What facts support her claim?

What defenses can Dave assert?

Lesson 3 Discussion C

Last week and this week, we have discussed whether age or a mental physical or emotional disability should be a factor in determining liability. What other issues may be a defense to an intentional tort? Should those issues be a complete or partial defense? If not a complete defense, should these issues reduce the amount of the damages the defendant may be liable for?