Does Padma's kicking of Vidal's horse make him liable for assault and/or battery? Battery is a voluntary act intended to cause touching, which results in harm or offensive contact to the plaintiff. Padma fulfills the first element of acting intentionally. Padma hates Vidal, when he sees Vidal riding his horse, he runs up and kicks Vidal's horse's leg voluntarily and intending to cause a touching to be made. The harmful and/or offensive element is fulfilled by the kicking causing a healable bruise but being severe enough for Vidal to decide to avoid riding his horse for a period of time.

An assault is a defendant's volitional act that intentionally places the plaintiff in fear or apprehension of an imminent battery. Padma is running to Vidal knowing that he is hated by Padma, which fills the element of intentionally acting with offensive contact. With Padma's known hatred and the act of running at him, it would cause a reasonable person to suspect imminent danger, however, there is no evidence to show that Vidal felt imminent danger so assault's requirements are not met. Therefore, Padma can be held liable for battery, however, Padma does not meet the elements to be held liable for assault so he cannot be held liable.

Assessment Form

ISSUE: Did the writer identify and prioritize all key issues?

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RULE: Did the writer succinctly and accurately state the rules of law relevant to the issues?

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ANALYSIS: Did the writer link each relevant fact to the element of law at issue?

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CONCLUSION: Did the analysis lead to a clear, well-reasoned conclusion? Did the writer provide a clear and concise conclusion for each issue? Was each conclusion supported by the analysis?

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IRAC: Did the writer utilize the IRAC format? Did the writer use a separate IRAC for each issue?

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GRAMMAR AND SPELLING:Did the writer make any grammatical mistakes? Typos? Misspelled words?

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