Question

Andy has always had a strong dislike for Ben. Lately though his dislike has turned into outright hate. Seeing ben walking to his car he felt his blood boil and couldn’t stand the sight of Ben any more. Seeing a baseball sized rock on the ground he picked it up and shouted “Eat this Ben!!” before flinging the rock at his head. Hearing this, Ben turns around and puts his hand up sure that the rock flying at his will hit him right in the head. The rock sails past Ben and hits Carol. Andy likes Carol. They usually eat lunch together twice a week. Andy had no Intention of the rock coming anywhere close to Carol. Identify the intentional torts present above. List the elements for each and what facts meet those elements.

Answer 1

answer-

There was two intentional torts done in the case Battery and assault.

An assault is an attempt to threat to harm another person intentionally. Battery is the act of touching another person in offensive and harmful way. Battery means committing the act of actual harm to another person.

The elements that required for Assault are intention to cause apprehension of harmful or offensive contact and second act indeed caused apprehension in the victim that harmful or offensive contact would occur.

In this case, we can see the facts that Andy does not like Ben at all. His blood boils when he sees him.Andy sees a baseball sized rock on the ground he picked it up and shouted “Eat this Ben!!” before flinging the rock at his head.

This created the apprehension of fear in Ben when he hears this and acted on it by putting his hands up which created apprehension of fear in him that rock will hit his head.

The battery elements are Intention, cause and harm. In this case, intention is in question that Andy did not intend to harm Carol but the intention was transfered when the rock hit carol. The doctrine of transferred intent is applicable here. If one person intends to strike another, but they move out of the way to avoid being struck, causing the blow to hit a third person, both an assault (against the second person) and a battery (against the third person) have occurred, in both criminal and civil law.

in this case, Rock past ben and hit carol and cause harm to her.