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Bar examinee had just completed the 3-day California bar examination and decided to go out for some drinks with her study group. Although examinee was
Bar examinee had just completed the 3-day California bar examination and decided to go out for some drinks with her study group. Although examinee was not a big drinker, she wanted to celebrate with her friends since the 10-week ordeal of studying was finally over. After her third mojito, she became a bit woozy. Suddenly feeling nauseous, she hurriedly got up from her bar stool and started running to the nearest restroom. Unfortunately, she never made it that far. Instead, she vomited on the floor, but part of it landed on the clothing of another patron who was sitting at the bar. If the patron brings an action against examinee for battery, will he prevail? A) Yes, because it was substantially certain that the act of vomiting would cause an offensive contact. B) Yes, because one is deemed to intend the consequences of reflexive and convulsive acts. C) No, because the bar patrons assume the risk of these types of contacts in a bar. D) No, because examinee did not intend to vomit on the patron. I believe its A because vomitting on someone can be seen as an offensive contact
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