When Harold's wife was ready to deliver their third child, Harold took her to the hospital where she was admitted to the labor and delivery floor. Prior to the delivery date, Harold had given the hospital all of the necessary information, including the couples' health insurance information. Two months after the birth of the child, Harold began receiving bills from the hospital for services that should have been covered by his insurance. Harold contacted the hospital and his health insurance carrier, both of whom assured him the matter had been resolved and Harold could disregard the notices. Three months later, Chamberlain, a collections representative from Acme Collections, appeared at Harold's home. Chamberlain arrived on an evening when Harold and his wife were entertaining numerous friends and family members. Harold answered his door and met Chamberlain, who began yelling at Harold about the hospital bills. "Why haven't you paid these bills, you bum?" Chamberlain shouted for all of Harold's guests to hear. "Don't you think you're the kid's real father?" Harold became greatly agitated and slammed his front door in Chamberlain's face intending to frighten him. A large brass knocker on the front of the door swung up and struck Chamberlain, injuring his eye. If Chamberlain sues Harold for battery, who will prevail?

Question 18 options:

a)

Harold, if Chamberlain's conduct provoked Harold's actions.

b)

Harold, since his actions were in self-defense.

c)

Chamberlain, unless it was unforeseeable that the knocker would strike Chamberlain.

d)

Chamberlain, since Harold intended to frighten him.

Question 19(12 points)

At the end of his shift Officer Daniels stopped for a drink. He was not in uniform and was waiting to meet a couple of friends. While waiting, he heard screams coming from the back room. He immediately entered the back room where he saw a woman tied up to a chair and a big man approaching her. Officer Daniels tackled the man and placed him under arrest. It was subsequently determined that the man and woman were the married owners of the bar and were playing a game. The couple wants to sue Officer Daniels for battery. Will they prevail?

Question 19 options:

a)

Yes, because Officer Daniels knocked the husband on the floor.

b)

Yes, because Officer Daniels was incorrect as to the situation.

c)

Yes, because Officer Daniels was not in uniform when he arrested the husband.

d)

No, because Officer Daniels made a reasonable mistake.

Question 20(12 points)

Nell and Dudley were both waiting on a crowded subway platform. Although they rode the same train daily, they had never met one another. On this particular day, Nell was standing very close to the edge of the platform, as was her custom. Dudley saw Nell and felt compelled to walk up to her and ask her for a date. Seeing Dudley approach, Nell turned and began to walk away. As she did so, the heel from one of Nell's shoes broke and Nell began to fall toward the tracks. Seeing Nell's predicament, Dudley instinctively reached out and grabbed Nell around the waist, preventing her fall. If Nell sues Dudley for battery, will she succeed?

Question 20 options:

a)

No, because Dudley's actions were socially acceptable.

b)

No, if Dudley did not intentionally put his arm around Nell's waist.

c)

Yes, because Dudley touched Nell without her permission.

d)

Yes, if Dudley intended to put his arm around Nell's waist.