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1. Librarian demanded that Student pay a dept owed to him and threatened to punch student in the nose. A fight ensued between them. Dean
1. Librarian demanded that Student pay a dept owed to him and threatened to punch student in the nose. A fight ensued between them. Dean came upon the scene just as the librarian was about to kick student in the head. Noting that Librarian was getting the better of the fight. Dean pointed a gun at Librarian and said, Stop of Ill shoot. If Librarian asserts a claim against Dean based on assault, will Librarian prevail?
- Yes, because Dean threatened to use deadly force.
- No, because Librarian was the original aggressor by threatening student with battery.
- No, if it was apparent that Librarian was about to inflict serious bodily harm upon student.
- Yes, unless Dean was related to student.
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