Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of
A) battery.
B) conversion.
C) invasion of privacy.
D) trespass.

Question

Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of​
A) ​battery.
B) ​conversion.
C) ​invasion of privacy.
D) ​trespass.

Quizplus · Accepted Answer

Battery in tort law involves harmful or offensive contact with another person. Even though Oxley intended to hit Pieter, the act of throwing the rock that resulted in hitting and injuring Ricardo constitutes battery because it was a harmful contact not consented to by Ricardo. The intent to harm or contact another person (Pieter, in this case) transfers to the unintended victim (Ricardo), allowing Ricardo to sue for battery.

Oxley Throws a Rock Intending to Hit Pieter but Misses