Question
Brian, Pete and Andy live in a dangerous part of the city. One Saturday afternoon, Brian took a nap. Pete and Andy came home from
Brian, Pete and Andy live in a dangerous part of the city. One Saturday afternoon, Brian took a nap. Pete and Andy came home from playing softball and threw open the door to Brians room to see if he wanted to join them for the post-game happy hour. Brian sprang out of bed terrified that Pete and Andy were burglars who had broken into the house and were about to kill him. As Brian tried to get away, he sprained his ankle severely. Perhaps angry that Pete and Andy were laughing at him, Brian accused them of assault. Does Brian have a valid claim for assault?
a. | Yes, Brian has a valid claim for assault because Pete and Andys intent to open the door to Brians room transfers to satisfy the intent element of assault. | |
b. | No, Brian does not have a valid claim for assault because Pete and Andy did not touch Brian so there was no assault. | |
c. | Yes, Brian has a valid claim for assault because he did not assume to risk of Pete and Andys actions. | |
d. | No, Brian does not have a valid claim for assault because Pete and Andy did not intend to cause apprehension or act with substantial certainty that it would occur. |
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