case analysis

1405 Words May 28th, 2014 6 Pages
TO: PROF. WONG/ BUS 18
FROM: JOANNA MELGAR ALVAREZ
DATE: APRIL 23, 2014
RE: Sample FIRAC Case Analysis 1

Case Analysis 1
Facts:
Bob is a business law student;
Bob insults his professor Marvin;
Marvin pulls out his 38-revolver and fires a shot at Bob;
The shot misses Bob;
It strikes another student named Cathy;
Cathy did not see the shot coming and she never knew that it was the shot that hit her;
Bob and Cathy sues Marvin;
Marvin gets sued for assault and battery.

Issue:
The purpose of this case is to know whether Bob and Cathy can sue their professor Marvin for assault and battery under the law of Torts.
Rule:
In order for Bob and Cathy to succeed in a Torts lawsuit against the defendant Marvin, they will have to
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Marvin pulls out his revolver and points it at Bob and fires the gun. Marvin did intentionally point the gun at Bob, and he could foresee the results.

2) Harmful and offensive: Bob did not get physically harmed but the plaintiff does not need to be harmed in order to be offended. Having a revolver being pointed at you is considered to be offensive and firing a gun is harmful. Bob did get offended and the act of the defendant is considering being harmful.

3) Touching: Marvin did not get a contact with Bob, meaning that the bullet did not hit Bob. Marvin missed Bob.

4) Of another: Bob did get offended by Marvin. The act was not made by Bob. Marvin fired the gun at Bob.

5) Without Consent: Bob did not give the defendant the permission to point a gun at him and then fire it. It is not stated in the facts that the plaintiff consented to the defendant to fire a gun towards him.

Conclusion:
Bob cannot sue Marvin for Battery even though he got offended and Marvin’s intent to hurt him. The bullet missed Marvin therefore he was not touched or hurt.

Cathy vs Marvin
Battery:
1) Intent: Pulling out the revolver to shot was an intentional act of Marvin but he did not intentionally strike Cathy. However, he could foresee the results of firing a shot; he knows that it is harmful. It was transfer intent.

2) Harmful or offensive: Cathy got shot by the professor’s revolver. She got physically harmed by the professor’s act. Cathy did not get

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