Loud Larry is a popular talk show in which the host, Larry, likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice's face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Larry?
A) Larry may be liable for battery.
B) Larry will not be liable for battery because he did not touch her body.
C) Larry may be liable for false imprisonment.
D) Larry will be liable for defamation.

Question

Quizplus · Accepted Answer

The basic personal interest that any legal system can protect is a person's right to be free from injurious or unpleasant physical contact with others. Battery, an intentional, unconsented-to touching that is harmful or offensive, protects that interest. The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities. A battery can be committed by setting something in motion that touches the plaintiff. In the given scenario, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly at Alice's face who is an anti-smoking advocate. This can be considered offensive and Larry may be liable for battery.

Loud Larry Is a Popular Talk Show in Which the Host