You are permitted to use only reasonable force to defend yourself. Feedback: You are permitted to use only reasonable force to defend yourself. Page Reference: 40d 34) Joe was jogging along a deserted trail beside a river when he met Sam coming the other way. Joe stopped and, in conversation with Sam, accused Sam of stealing and shoplifting from the store. Sam was appalled, became irate, and struck Joe in the nose. In the resulting fight, Joe was injured, suffering a broken nose and significant bruises. Finally, after some time, another jogger came along the trail and broke up the fight. Joe sued Sam for battery and Sam sued Joe for defamation. Explain the likely outcome. Answer: Joe would win his battery action since his words of provocation would not justify Sam's violent response. Joe was defending himself; Sam was the aggressor. Sam would be liable for the damages Joe had suffered, although the provoking words that Joe spoke would be taken into consideration in determining the damages. Sam would lose his defamation action against Joe, since the words were not published to anyone else. No third party heard them; the other jogger who came along subsequently and broke up the fight did not hear the statement. Feedback: Joe would win his battery action since his words of provocation would not justify Sam's violent response. Joe was defending himself; Sam was the aggressor. Sam would be liable for the damages Joe had suffered, although the provoking words that Joe spoke would be taken into consideration in determining the damages. Sam would lose his defamation action against Joe, since the words were not published to anyone else. No third party heard them; the other jogger who came along subsequently and broke up the fight did not hear the statement. Page Reference: 40f, 43i 35) What elements must be established in order to sue another for false imprisonment? Answer: 1. There was an imprisonment. 2. It was done without authority. Feedback: 1. There was an imprisonment. 2. It was done without authority. Page Reference: 40g 36) Regarding the tort of false imprisonment, will anything short of complete restraint amount to imprisonment?
You are permitted to use only reasonable force to defend yourself. Feedback: You are permitted to use only reasonable force to defend yourself. Page Reference: 40d 34) Joe was jogging along a deserted trail beside a river when he met Sam coming the other way. Joe stopped and, in conversation with Sam, accused Sam of stealing and shoplifting from the store. Sam was appalled, became irate, and struck Joe in the nose. In the resulting fight, Joe was injured, suffering a broken nose and significant bruises. Finally, after some time, another jogger came along the trail and broke up the fight. Joe sued Sam for battery and Sam sued Joe for defamation. Explain the likely outcome. Answer: Joe would win his battery action since his words of provocation would not justify Sam's violent response. Joe was defending himself; Sam was the aggressor. Sam would be liable for the damages Joe had suffered, although the provoking words that Joe spoke would be taken into consideration in determining the damages. Sam would lose his defamation action against Joe, since the words were not published to anyone else. No third party heard them; the other jogger who came along subsequently and broke up the fight did not hear the statement. Feedback: Joe would win his battery action since his words of provocation would not justify Sam's violent response. Joe was defending himself; Sam was the aggressor. Sam would be liable for the damages Joe had suffered, although the provoking words that Joe spoke would be taken into consideration in determining the damages. Sam would lose his defamation action against Joe, since the words were not published to anyone else. No third party heard them; the other jogger who came along subsequently and broke up the fight did not hear the statement. Page Reference: 40f, 43i 35) What elements must be established in order to sue another for false imprisonment? Answer: 1. There was an imprisonment. 2. It was done without authority. Feedback: 1. There was an imprisonment. 2. It was done without authority. Page Reference: 40g 36) Regarding the tort of false imprisonment, will anything short of complete restraint amount to imprisonment?