case analysis

Topics: Tort, Battery, Legal terms Pages: 8 (1397 words) Published: May 20, 2014
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 prove each of the following section of battery and assault action. Battery
1) Intent:
Description: The defendant has to make an intentional act towards the plaintiff by either a harming or offensive physical act. Have to foresee the results.
2) Harmful or Offensive:
Description: The plaintiff has to be physically harmed by the intentional act the defendant has made. The plaintiff does not need to be harmed in order to be offended. The plaintiff has to be offended by a reasonable act.

3) Touching
Description: The defendant has to make a contact with the plaintiff. It can either be a consensual or non-consensual contact.

4) Of another:
Description: In order to be a battery, the plaintiff has to be harmed or offended by a third person. The act has to be done by someone else rather than oneself.

5) Without consent
Description: The plaintiff does not give permission to the defendant to do something. The defendant acts from its own will.

Assault:

1) Intent:
Description: The defendant has to make an intentional act towards the plaintiff. The plaintiff has to be either psychologically harmed or offended.

2) Imminent, harmful or Offensive:
Description: The plaintiff can have been psychologically harmed by the intentional act the defendant has made. The plaintiff does not need to be psychologically harmed in order to be offended. The plaintiff has to be offended by a reasonable act. The intentional act has to be happening at that time, about to happen. 3) Touching:

Description: The plaintiff did not get touched by the defendant. There cannot be a consensual or non-consensual contact.

4) Of another:
Description: In order to be an assault, the plaintiff has to be harmed or offended by a third person. The act has to be done by someone else rather than oneself.

5) Without consent :
Description: The plaintiff does not give permission to the defendant to do something. The defendant acts from its own will.

Analysis:

Bob vs Marvin
Assault:
1) Intent: Marvin did intentionally pull out his revolver and was aiming to shot Bob. He wanted to harm Bob, the shot missed Bob. Even though Bob did not get physically harmed, he did get offended by the professor’s act. He saw and was aware of the revolver the professor pulled out and he was aware of the professor’s intention of harming him

2) Imminent, harmful and offensive: The shot coming from the revolver was imminent, the professor fired after he pulled out his revolver, the incident happened at that moment. Bob did not get harmed but the act itself is harmful and the outcome is very evident. Bob did get offended by the intentional act of the professor. It is offensive to want to shoot someone.

3) Touching: The bullet missed Bob; there was no contact between the plaintiff and the defendant. The bullet hit Cathy and therefore Marvin’s act became transfer intent because the non-consensual act was transferred.

4) Of another: Bob did get offended by a third person who in this case is Marvin.

5) Without consent: Bob did not give Marvin permission to take out his revolver and try shooting him. Conclusion: Bob can sue Marvin for assault because he was aware of Marvin’s intention of harming him...
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