Clark was at Computerheaven Ltd.and asked for a box of the highest-grade computer paper.Don,an employee,went to the back to get it,but he didn't know which of the five choices available was the best grade of paper.He took out a box of paper called "superstuff" and told Clark that was the highest-grade paper,even though he wasn't sure it was.Clark bought it.On the way out,Clark,a successful freelance computer programmer for the last five years,asked Don some questions about a new laser printer on display.Don started giving Clark his sales pitch,and Clark said with a smile,"I don't think you know what you're talking about." Don flushed and yelled,"You go to %^&%! You call yourself a programmer and you don't know anything about programming.You're a first-class fraud!" A client of Clark's overheard this conversation.Clark called Don a "jerk" and turned to go.As he was walking out the door,Don threw a hard disk drive at him and hit Clark in the back of the head.Considering the legal meaning of the following,indicate which would be successful based on these facts?
A)an action against Computerheaven Ltd.for the tort of trespass
B)an action against Computerheaven Ltd.for the tort of battery
C)an action against Computerheaven Ltd.for the tort of defamation
D)an action against Clark for the tort of negligence
E)an action for the tort of nuisance

Question

Quizplus · Accepted Answer

Don's action of throwing the hard disk drive at Clark constitutes the tort of battery, which is the intentional touching of another person in a way that is harmful or offensive. The fact that Don threw the hard disk drive at Clark demonstrates that he intended to make harmful contact, and Clark's injury shows that contact was made. As Don is an employee of Computerheaven Ltd., an action can be taken against the company for the tort of battery.

Clark Was at Computerheaven Ltd