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Billy swings at David, intending only to frighten him. Billy’s blow lands on Cha

ID: 382000 • Letter: B

Question

Billy swings at David, intending only to frighten him.

Billy’s blow lands on Charles. Billy’s act constitutes a:

a. Battery on Charles

b. Assault on Charles

c. Battery on David

d. None of the above

Robert, an employee of Defendant David, negligently aided a passenger to board the train, causing the passenger to drop a package. The package exploded, causing a window a substantial distance away (3miles) to break and fall upon Peter, another passenger. Peter sues David’s company for negligence. Peter will be a foreseeable plaintiff under the:

a. Cardozo view

b. Andrews view

c. Theory of transferred intent

d. Reasonable man test

Maria suffered an epileptic attack. During the attack, she struck Robert. Maria’s act constitutes a:

a. Battery on Robert

b. Assault on Robert

c. Battery because of transferred intent

d. None of the above

Frederick, an insane person, causes injury to Juan in an automobile accident. At trial, Frederik, through his attorney, asserts a defense of insanity. This defense wil be:

a. A good defense to relieve Frederick of liability

b. Andrews’ view

c. Not taken into consideration by the court

d. Cardozo’s view

Explanation / Answer

1)a. Battery on Charles

2)b .andrews view

3) a. Battery on robort

4)d. Cardozo’s view