Question
Jim, Luis and Sid lived next door to Rob. One day, they were playing baseball on Rob's property without Rob's permission when Rob wasn't home.
Jim, Luis and Sid lived next door to Rob. One day, they were playing baseball on Rob's property without Rob's permission when Rob wasn't home. Rob had told the young lads before they could only play baseball on his property when he was home with his permission. When Rob pulled up to his property in his car, he ordered the boys to stop playing baseball and get off his property. Sid told Rob "to get lost, old man." Rob picked up the baseball the young lads had been playing with, and threw it as hard as he could at Sid, saying, " Hey Sid, see if you can catch this high hard one, young whippersnapper." Rob, having seen Sid make remarkable catches with his baseball glove in the past, believed that Sid would catch the baseball in his baseball glove, but instead Sid ducked and the baseball struck Luis, who did not see Rob throwing the baseball. The force of the impact broke Luis' glasses and caused a deep cut under Luis' eye.
Which of the following statements is most correct?
Question options:
A) INCORRECT | Luis will be successful in suing Sid for negligence and Rob for assault under a theory of transferred intent. |
B) | Luis will be successful in suing Rob for battery, and Sid will be successful in suing Rob for assault. |
C) | Luis and Sid will both be successful in suing Rob for battery. |
D) | Luis and Sid will both be successful in suing Rob for assault. |
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