Torts Essay Answer in Irac Format

Essay Question: A throws a rock at B and C striking B. C sees A throw the rock at her and is concerned that the rock will strike her.

(Call of the question:)

1. What intentional tort would be appropriate for which B can sue A?

2. What intentional tort would be appropriate for which C can sue A?

I. Can B appropriately sue A for battery? Battery is the volitional act done with the requisite intent which causes the plaintiff to suffer a harmful or offensive contact.

Was A’s act volitional? A voluntary act is one that is done by the actor's own volition and is not an involuntary reflex. The facts say that A throws a rock at B which is a voluntary act and not a reflex. Therefore A’s act is volitional.

Was A’s act done with the requisite intent? Intent can be where the defendant desires the consequences of the act, when the defendant is substantially certain that the act will cause the harmful or offensive contact to occur or for some intentional torts, where an act or tort aimed at one party can be transferred to another person. In this case, the facts tell us that A throws the rock at B, indicating that A desired the consequences of hitting B. Even if this is not the case, it seems reasonable that A at least was substantially certain that throwing the rock at B would cause a harmful or offensive contact. Therefore A’s act is intentional.

Did B suffer a harmful or offensive contact? Harmful contact is generally objective – that which a reasonable person would find harmful or offensive. In this case, the rock thrown by A struck B. It seems probable that being struck by a thrown rock would be harmful, but we don’t have any facts to support that here. However, a reasonable person would probably find that being struck by a thrown rock would be at least offensive. Therefore A’s act caused a harmful or offensive contact to B.

B can appropriately sue A for battery.

2. Can C appropriately sue A for assault? Assault is the volitional act done with...