Tort Essay

1174 Words Sep 2nd, 2015 5 Pages
TORTS ESSAY 1

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was wearing a mask and carrying a gun. Charlie, who suspected Art of having an affair with
Charlie’s wife, approached to within ten feet of Art and Bill, aimed the gun at Art and said, AArt,
I am going to kill you.@
Art quickly grabbed Bill and pulled Bill in front of him, using Bill as a shield. Charlie fired the gun; the bullet going over the shoulder of Bill and hitting Art in the arm. Charlie then dropped the gun onto the ground and turned to run away. Art, using his uninjured arm, picked up the gun and shot at Charlie as he ran away, hitting him in the leg.
Bill was horrified at the prospect of almost being shot, and
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Here, Art was facing a stranger pointing a gun at him from ten feet away who said he was going to kill Art. A reasonable person in Art’s position would have also suffered an apprehension of immediate contact (being shot). Therefore, an assault can be established. Since there do not appear to be any applicable defenses,
Art would be entitled to recover from Charlie for assault.
B. Battery. A battery is a volitional act by the defendant which intentionally causes the plaintiff to suffer a harmful or offensive contact.
1. Volitional act. Charlie volitionally fired the gun at Art, causing the bullet to strike
Art.
2. Intent. Again, it would seem clear that, by firing the gun at Art, Charlie intended to cause Art to suffer a harmful touching.
3. Offensive contact. This element was clearly met when Art was struck in the arm by the bullet. Therefore, since there do not appear to be any defenses Charlie could raise, Art would be entitled to recover from Charlie for battery.
II. Bill v. Charlie
A. Assault. Defined above. Bill’s assault claim against Charlie would be virtually identical to Art’s claim, with the following difference.
1. Transferred Intent. Charlie’s intentional actions were directed at Art, not Bill.
However, under the doctrine of transferred intent when a defendant acts intentionally

toward one person but a tort

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