45. Which of the following could not constitute battery if done with the requisite intent?

Startling the plaintiff so that she falls down the stairs

Grabbing the plaintiff's camera, which is hanging around her neck

Shouting in the plaintiff's ear

Deliberately blowing smoke in the plaintiff's face

46. Alpha Communications, Inc., makes and sells cell phones. In deciding whether the phones are merchantable, a court would focus on whether

the phones are made according to the best manufacturing methods

Alpha violated any laws or regulations

the phones are fit for the ordinary purpose for which such goods are used

the phones are three times as expensive from any other similar phone

the phones are quality products