Rick and Walt are next-door neighbors. Rick hosted nightly rehearsals in his bac

Question

Rick and Walt are next-door neighbors. Rick hosted nightly rehearsals in his backyard for
his band, which featured several electric guitars and amplifiers that he owned. Because
the rehearsals were so loud, Walt could not conduct telephone conversations in his house
even with the windows closed. He repeatedly asked Rick to lower the volume of his
rehearsals, but Rick refused.
One night, while Walt was standing in his own yard, he attempted to disrupt a rehearsal by trying to spray Rick with water from his garden hose. He missed Rick with the water, but
hit Cal, another band member, and the amplifiers. The water caused Cal to suffer a severe electric shock when it contacted an electric guitar he was holding. The water also destroyed the amplifiers.

Rick picked up another electric guitar, ran into Walt’s yard, and charged at Walt, swinging
at his head. Walt ducked and ran into his house.

1. What tort claims, not based on negligence, can Walt reasonably bring against Rick?

Discuss.
2. What tort claims, not based on negligence, can Rick reasonably bring against Walt?
Discuss.

Explanation / Answer

What tort claims, not based on negligence, can Walt reasonably bring against Rick?

Walt can bring tort claims under Assault. Assault occurs when a defendant performs some action that makes a plaintiff fear an imminent battery. It is assault even if the battery never occurs

What tort claims, not based on negligence, can Rick reasonably bring against Walt?

Discuss.

Rick can bring claim against Walt under battery under transferred intent. Battery is an intentional touching of another person in a way that is unwanted or offensive.   

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