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How Are Insanity and Duress Considered Defenses to Intentional Torts?

Understanding Insanity and Duress in Intentional Torts

Sometimes, people get into trouble for causing harm to others. But there are ways to show that they shouldn't be held responsible. Two of these ways are called insanity and duress.

  1. Insanity:
    If someone is not in their right mind when they do something, they might not be able to really mean to hurt someone.
    For example, imagine a person who has a serious mental health condition. If they accidentally touch someone in a way that feels wrong, they might not be found guilty of battery, which is when someone intentionally causes harm.

  2. Duress:
    This happens when someone does something because they are scared and facing a threat.
    For instance, if a person steals something because they are being threatened by someone with a weapon, they can use duress as a defense.

Both of these defenses show why it's important to know what someone was thinking when they caused harm. Understanding intent helps us figure out if someone should be held responsible for their actions.

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How Are Insanity and Duress Considered Defenses to Intentional Torts?

Understanding Insanity and Duress in Intentional Torts

Sometimes, people get into trouble for causing harm to others. But there are ways to show that they shouldn't be held responsible. Two of these ways are called insanity and duress.

  1. Insanity:
    If someone is not in their right mind when they do something, they might not be able to really mean to hurt someone.
    For example, imagine a person who has a serious mental health condition. If they accidentally touch someone in a way that feels wrong, they might not be found guilty of battery, which is when someone intentionally causes harm.

  2. Duress:
    This happens when someone does something because they are scared and facing a threat.
    For instance, if a person steals something because they are being threatened by someone with a weapon, they can use duress as a defense.

Both of these defenses show why it's important to know what someone was thinking when they caused harm. Understanding intent helps us figure out if someone should be held responsible for their actions.

Related articles