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Question 1
Tom is walking down the street on his way to the train station. There is a crowd of people at the train station and while trying to get through the station doors, Tom brushes up against Jerry. In an action against Tom for battery, Jerry will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct In our society, it's an everyday occurance for people to brush against each other while trying to get into a train, therefore the act is not offensive.Even if Tom intentionally touched Jerry, the intent was not to cause an offensive act.Most people don't wait until a crowd disperses to enter a train, therefore brushing another person to get on is not offensive.
Incorrect! In our society, it's an everyday occurance for people to brush against each other while trying to get into a train, therefore the act is not offensive.Even if Tom intentionally touched Jerry, the intent was not to cause an offensive act.Most people don't wait until a crowd disperses to enter a train, therefore brushing another person to get on is not offensive.
Correct
Incorrect!
Question 2
Tom throws a rock at Jerry. Jerry sees the rock coming at him and reflexively throws his hands up to protect his face. While putting his hands up, Jerry accidentally slaps Spike in the face. In an action for battery against Jerry, Spike will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Jerry's action was reflexive and therefore non-volitional. In order to be liable for battery, an act needs to be volitional.
Incorrect! Jerry's action was reflexive and therefore non-volitional. In order to be liable for battery, an act needs to be volitional.
Question 3
Spike is walking his dog, Droopy when he sees Tom on the street. Tom comes over to Spike and begins arguing with Spike about some money that Spike owes Tom. Tom angrily tears the dog leash that Spike is holding out of Spikes hand, but Tom never actually makes contact with Spike. In an action against Tom for battery, Spike will probably:
Correct
Incorrect!
Correct Even though Tom never touched Spike's body, since Spike was holding on to the leash, the touching is liable for battery.Confrontation is not a defence against battery!
Incorrect! Even though Tom never touched Spike's body, since Spike was holding on to the leash, the touching is liable for battery.Confrontation is not a defence against battery!
Correct
Incorrect!
Correct
Incorrect!
Question 4
While riding through the forest, Prince Charming finds a sleeping girl surrounded by seven little men. One of the men tells Prince Charming that the girl has been sleeping for one hundred years and that only a kiss will break the sleeping spell that she is under. Prince Charming jumps off his horse, goes over to the girl and kisses her on the cheek. The girl wakes up and the seven little men tell her what happened. Upon hearing that the Prince kissed her, the girl sued for battery. She will probably:
Correct Although the Prince's MOTIVE was to help the girl, MOTIVE doesn't matter here. What matters is just intent to commit the act. Since kissing is an offensive act and the Prince intended to commit it, he is liable!The fact that the girl was unaware of the kiss, and hence not injured, also does not matter. As long as an offensive act was committed, even without actual injury, there is cause for a battery suit.
Incorrect! Although the Prince's MOTIVE was to help the girl, MOTIVE doesn't matter here. What matters is just intent to commit the act. Since kissing is an offensive act and the Prince intended to commit it, he is liable!The fact that the girl was unaware of the kiss, and hence not injured, also does not matter. As long as an offensive act was committed, even without actual injury, there is cause for a battery suit.