While Jack is attending a baseball game cheering for the home team,a fan of the other team sneaks up behind him and hits Jack on the head with a hard piece of pizza crust,injuring Jack.Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust.Which of the following torts has the fan committed?

Question

Quizplus · Accepted Answer

The fan has committed battery, which is the intentional and harmful or offensive touching of another person without consent. The fact that Jack was hit with a hard piece of pizza crust means that the touch was both intentional and potentially harmful. There is no assault in this scenario because Jack had no idea he was about to be hit, so there was no actual or threatened fear of harm. There is also no negligent infliction of emotional distress because Jack's embarrassment does not rise to the level of severe emotional distress required for this tort.

While Jack Is Attending a Baseball Game Cheering for the Home