
Fact Pattern 9-3
Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery.
-Refer to Fact Pattern 9-3.What would you tell Alex regarding whether he should sue Blake for committing an assault?
A) That it appears that the necessary elements are present for him to succeed in an action against Blake for assault so long as he can show apprehension of being struck.
B) That he could not win in an action for assault because he admitted that he was not afraid.
C) That he could not win in an action for assault because Blake did not actually strike him.
D) That he could not win in an action for assault because it appears that Blake's actions were justified.
Correct Answer:
Verified
Q41: What must a plaintiff show to successfully
Q51: CASE 9.1,Kubert v.Best(2013)examined the question of whether
Q52: Fact Pattern 9-1Frank belongs to the same
Q53: The _ doctrine imposes liability for physical
Q54: In the classic case,Palsgraf v.Long Island Railroad
Q55: Paul is suing Dan for negligence arising
Q55: Under the doctrine of _ liability,once the
Q58: Under which of the following systems may
Q59: Which of the following is true regarding
Q61: Set forth the majority rule in relation
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents