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Published byMilo Nelson Modified over 9 years ago
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1.D and P worked on the same shift at E Company. D found P quite attractive and several times asked her to wear more revealing clothes and to engage in sexual relations with him. P refused each time and told D to stop bothering her. On two subsequent occasions, D came up to P while she was working and tried gently to massage her shoulders. P pulled away both times and complained to her supervisor. P suffered no physical harm. On these facts, could a jury find D liable for battery?
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A.No, because P suffered no physical injury.
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B.Yes, because P had told D to leave her alone.
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C.No, if the jury finds that D had no purpose either to harm or offend P.
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D.Yes, provided that the jury finds that the reasonable person would have found D’s actions offensive.
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2.P was riding his bicycle in New York’s Central Park when a passing runner inadvertently made contact with P, causing P to crash. P suffered a compound fracture of the humerus. (A compound fracture is one where the bone protrudes through the skin.) D, a physician, also running in the park, stopped to render aid to P and began to attempt to reduce the fracture. P screamed in pain and told the physician to stop. D continued until the protruding bone was realigned. On these facts, could a jury find D liable for battery?
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A.No, provided that D persuades the jury that without the treatment D administered, P would likely have suffered far greater injury and would have been at risk of dying because of untreatable infection from the dirty wound.
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B.Yes, because D was not P’s physician.
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C.No, because the physician was responding to an emergency situation.
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D.Yes, but only for the treatment that P received after his request that D desist.
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3.P, a six-year old, was crossing a busy street without paying proper attention. D, a passer-by, saw a car approaching P at a speed that would have caused the car to collide with P before P could have reacted to a shouted caution. D ran across the street, scooping P up and saving P from a life-threatening situation. P was autistic and could not tolerate being touched. The unexpected contact caused P to become severely upset, and when D set P down on the sidewalk, P began to hit his head on the sidewalk, causing himself injury. On these facts, is D liable for battery?
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A.No, because P’s injuries were self- inflicted.
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B.Yes, because D touched P without P’s consent, and the touching caused P injury.
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C.No, because D lacked the intent required for battery.
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D.Yes, because D had no legal responsibility to aid P.
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