Question
A host and guest were involved in a heated argument during a party one afternoon. The guest decided he was going to get even. He
A host and guest were involved in a heated argument during a party one afternoon. The guest decided he was going to get even. He told his friend, who was unaware of the argument between him and the host, to drive him back home because he forgot a small gift he wanted to give the host. The guest entered his house and got a gun while the friend waited in the car. The friend then drove the two of them back to the host's house. Just as they approached, the guest saw a man walking on the sidewalk who resembled the host. He aimed his gun at the man and the bullet struck the man in the leg.
If the man brings a battery action against both the guest and the friend, against whom will he prevail?
a only against the guest based on transferred intent
b only against the guest based on purposeful intent
c against the guest and the friend because they acted in concert
d Against neither the guest nor the friend because there was no intent to cause harm to the man.
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