Question: Brian, a twelve year old boy, sitting in a classroom and fooling around, kicked James, the boy sitting next to him. The kick was intentional.

Brian, a twelve year old boy, sitting in a classroom and fooling around, kicked James, the boy sitting next to him. The kick was intentional. James had recently suffered an injury to the same leg. As a result of the kick, which in itself was slight, the existing wound became infected and James suffered permanent damage to the leg. What tort, if any, did Brian commit? Should Brian be responsible for the permanent damage to the leg?

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