Question
Use this fact pattern for the next three questions. During the final round of the BattleBots competition, the UMASS Lowell team gathered to strategize against
Use this fact pattern for the next three questions.
During the final round of the BattleBots competition, the UMASS Lowell team gathered to strategize against MIT's SawBlaze. Louis, a memberof the MIT team, decides to sneak up on the UML team to eaves drop on their strategy. When he is spotted by Cressida, one the UML team members, Louis decides to scare Cressida and intimidate her. Louis points SawBlaze's spinning blade end at Cressida's head. Cressida doesn't know that this is only a plastic model of SawBlaze that has been constructed of a light weight plastic and cannot actually cut into anything. Nevertheless, Cressida is frightened. Which of the following statements is true?
a. | Cressidacannot establish a cause of action against Louisbecause there was no physical contact between them. | |
b. | Cressidahas a cause of action against Louis for the tort of battery. | |
c. | Cressidadoes not have a cause of action against Louisbecause the BattleBotwas only a model of the real thing and could not have caused any harm to Cressida | |
d. | Cressidahas a cause of action against Louis for the tort of assault. |
As Louis rushes to get to get back to the UML group and continue his spying, he forcefully pushes William, an innocent bystander, out of the way. William stumbles and falls into Melinda, causing her to twist her ankle.What cause of action does William have against Louis?
a. | Intentional infliction of emotional distress | |
b. | Assault | |
c. | Battery | |
d. | Defamation |
Under these facts, can Melinda establish the element of intent required to prove an intentional tort against Louis?
a. | Louis' intent to push William will be transferred to Melinda under the principle of transferred intent. | |
b. | Melinda only has a cause of action against only William because he had contact with her and caused her to fall. | |
c. | Because Louis only intended to hit will William, Melinda cannot establish that Louis had transferred intent. | |
d. | There was never any contact between Louis and Melinda so she cannot establish a cause of action based on transferred intent against Louis. |
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started