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    A.I Enhanced Margin Brief to quickly recall case brief A.I Enhanced Margin Brief to quickly recall case brief 0
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    Torts Keyed to Prosser

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    Torts Keyed to EpsteinTorts Keyed to Duncan

    McGuire v. Almy

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    Facts

    Plaintiff sued Defendant for assault and battery for damages inflicted during a physical attack. Plaintiff was working as a nurse for Defendant, an insane person, at the time, and was aware of Defendant’s propensity for violent behavior. The general rule for the insane at the time was that the insane were liable for their torts to the same extent as the sane. The jury returned a verdict for the Plaintiff.

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    Case Quiz

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    Question 1 of 3

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    0 of 3 Questions answered correctly.

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    Quiz complete. Results are being recorded.
    Q.1 - What is the minimum mental state the court required to impose battery liability on an insane defendant in McGuire v. Almy?
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    Correct! The court grounded liability in volition: a purpose (or knowledge with substantial certainty) to inflict harmful/offensive contact satisfied intent notwithstanding insanity. This locates battery’s mens rea in willful contact, not in moral cognition or rational appreciation.
    Incorrect. This is wrong because moral or legal wrongfulness is not an element of tort intent.
    Incorrect. This is wrong because objective unreasonableness is a negligence concept, not the intent standard here.
    Incorrect. This is wrong because the ability to conform conduct is irrelevant to establishing purposeful contact in battery.
    Q.2 - How does McGuire treat consent/assumption-of-risk when a caretaker enters after an explicit threat to intervene for safety?
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    Incorrect. Knowingly facing danger under duty does not waive an intentional tort.
    Incorrect. Entry to secure safety is not a manifestation of consent to be struck.
    Incorrect. Comparative fault reductions generally do not apply to intentional torts.
    Correct! McGuire treats the caretaker’s entry as duty-constrained, so mere awareness of peril is not the voluntary assent that constitutes consent, and intentional torts are not barred by assumption-of-risk on these facts. The plaintiff’s protective role defeats the inference that she agreed to the contact or waived the claim.
    Q.3 - Which law-and-economics rationale best coheres with McGuire’s rule despite minimal specific deterrability of the insane?
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    Incorrect. The insane actor’s behavior is typically non-responsive to marginal incentives.
    Correct! The rule allocates loss to the injurer’s estate/insurer and creates incentives for guardians/wards to adopt ex ante precautions, thereby reducing externalization of harms to innocent victims. This fits a cost-internalization model rather than a deterrence-of-the-insane model.
    Incorrect. McGuire rejects insanity as a complete defense in intentional torts.
    Incorrect. Tort intent does not require the criminal-law notion of moral blameworthiness.

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    Topic Resources

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