Question 19

Newman, an angry, foul-mouthed fan, yelled insults at Keith Hernandez, a professional athlete who was playing first base, as Keith was leaving Shea Stadium. The fan suddenly rushed toward Keith, and although he tried to defend himself by throwing his gym bag at Newman, Newman hit him above the eye, causing a serious cut requiring stitches. Newman was arrested, convicted, and sentenced in a criminal action for his attack. Keith Hernandez, a starting player who played first base, missed ten games because of the injury. On these facts, which of the following is true?

a.

The insults yelled at Keith would in themselves, give Keith the right to hit Newman with his gym bag.

b.

If Newman sued Keith for hitting him with the gym bag, Keith would most likely argue that it was justified on the basis of self-defence.

c.

Although Keith suffered damages because of the attack, he could not sue Newman in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings.

d.

The attack by Newman shows the elements of the tort of deceipt.