Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 7, Problem 3Q
Summary Introduction

To discuss: Whether battery has been committed.

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Capune was attempting a trip from New York to Florida on an eighteen-foot-long paddleboard. The trip was being covered by various media to gain publicity for Capune and certain products he endorsed. By water, Capune approached a pier owned by Robbins, who had posted signs prohibiting surfing and swimming around the pier. Capune was unaware of these notices and attempted to continue his journey by passing under the pier. Robbins ran up yelling and threw two bottles at Capune. Capune was frightened and tried to maneuver his paddleboard to go around the pier. Robbins then threw a third bottle that hit Capune in the head. Capune had to be helped out of the water and taken to the hospital. He suffered a physical wound that required twenty-four sutures and, as a result, had to discontinue his trip. Capune brought suit in tort against Robbins. Is Robbins liable? If so, for which tort or torts?
Hannah hates her sister Ivana with a passion so Hannah decides to poison her. Ivana drinks the soup that Hannah has poisoned, but for some reason, she does not die. She only experiences a tummy ache and starts vomitting. She is rushed to the hospital but does not die. What kind of crime was committed?     Consummated Frustrated Attempted
Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.) A. Duress B. Involuntary Intoxication C. Mistake of Fact
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