Jim was assigned to a different workroom at the factory. During the day, he became increasingly upset with one of his new co-workers, Mr. Saur, who criticized everything he did. After several hours of this, Jim said, "I could do a little better in here if you kept your mouth shut." Saur answered, "You young @#$%%, you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way. Jim picked up a paper cup of water and threw its contents at Saur, saying, "Cool down, old man." Some of the water hit Saur, who then ran over and hit Jim hard with a piece of pipe. Charlie, another worker, grabbed Jim by the hair and pulled him out of the room, away from Saur. On these facts, which of the following is true?
A) Jim could not sue Saur for assault because Jim was not hurt by the falling machinery.
B) If Saur sued Jim for battery, Jim could defend successfully on the ground of provocation.
C) If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence.
D) Charlie could be sued successfully for battery even though he was acting in Jim's best interest.
E) If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt."
Correct Answer:
Verified
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