For purposes of each of the following questions, assume that the definition of the tort of battery is intentionally causing a harmful or offensive contact
For purposes of each of the following questions, assume that the definition of the tort of battery is "intentionally causing a harmful or offensive contact with another." Assume that the definition of the tort of assault is "intentionally placing another in imminent fear of harmful or offensive contact." Intending to frighten Bob, Alan swings a baseball bat in front of Bob's face, but stops inches from Bob's nose. Is Alan liable for battery?
Question 1 options:
a)
Yes, because Alan intended to frighten Bob, which was offensive.
b)
Yes, because Alan intended to frighten Bob, which was harmful.
c)
No, because Alan did not cause a harmful or offensive contact.
d)
No, but only because Alan did not intend to make contact with Bob.
Intending only to frighten Bob, Alan swings a baseball bat in front of Bob's face. The bat slips from Alan's hands, however, and strikes Bob in the face. Bob is not seriously injured. If Alan is NOT found liable for battery, what is the most likely reason why?
Question 2 options:
a)
Alan did not intentionally cause contact with Bob.
b)
The bat, not Alan's hand, made contact with Bob.
c)
Getting hit by the bat was not harmful.
d)
Getting hit by the bat may have been harmful, but was not also offensive.
Bob is a masochist who enjoys pain. He asks Alan to swing a baseball bat into his face. Alan does so. Bob is hit but is not seriously injured. Which element of battery is LEAST likely to be met?
Question 3 options:
a)
Intentional conduct.
b)
Causing of contact.
c)
Harmful or offensive contact.
d)
Contact with another.
Bob is walking down the street. Alan, Bob's enemy, jumps out from behind him, raises a baseball bat up with his arms, and brings it down quickly, stopping mere inches from the back of Bob's skull. Bob never notices. Of what tort(s), if any, is Alan liable?
Question 4 options:
a)
Battery.
b)
Assault.
c)
Both battery and assault.
d)
Neither battery nor assault.
Alan is walking down the street with his baseball bat when he sees his enemy, Bob. He walks up to Bob and says, "next time I see you, I'm going to hit you with this bat." Bob is extremely shaken up by the encounter. Of what tort(s), if any, is Alan liable?
Question 5 options:
a)
Battery.
b)
Assault.
c)
Both battery and assault.
d)
Neither battery nor assault.
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