Question
Jack and Jill have been dating for several months. One day, Jack and Jill decide to go for a walk on the beach. Jill lays
Jack and Jill have been dating for several months. One day, Jack and Jill decide to go for a walk on the beach. Jill lays down on the beach towel to take a nap. While Jill is sleeping, Jack kisses her on the lips. Has Jack committed the tort of assault or battery? Would Jack be entitled to any defenses if he has committed a tort?
Later, Sally, a friend of Jill, tells Jill that she overheard Jack bragging about kissing her on the lips. Jill promptly breaks up with Jack. Jack is extremely angry at Sally and holds her responsible for the demise of his relationship with Jill. Jack hatches a plot to hurt Sally. Jack follows Sally to the bowling alley. While she is getting set to bowl a frame, Jack picks up a bowling ball and throws it at Sally's head. Sally is concentrating so much on her frame, that she doesn't notice the ball coming at her. Thankfully, the bowling ball misses and rolls down the lane and knocks over several pins, destroying Sally's ongoing perfect game.
Has Jack committed the tort of assault or battery against Sally? Discuss. If Sally had seen Jack preparing to throw the bowling ball at her, and if she in turn quickly pushed him to the ground, would Sally have committed an assault or battery? Discuss.
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