5. Ruf us is playing soccer with his friends after school. Rufus pushes Samantha

Question

5. Ruf us is playing soccer with his friends after school. Rufus pushes Samantha while chasing the soccer ball as part of the game. Samantha falls and sprains her wrist. Rufus also intentionally kicks Bethany while she is lying on the ground after a play has finished. Rufus was mad that she had scored a goal on him earlier in the game. Alex yells at Rufus to get himself under control, and Rufus responds by trying to punch Alex with a closed f ist. Who can and who cannot bring a successful lawsuit against Rufus for battery? How about assault? Please define the torts of assault and battery in your answer.

Explanation / Answer

Bethany and Alex can successfully bring a lawsuit against RUFUS for a battery as he has intentionally hit them both.

But in the case of Samantha, Rufus can easily say that it was a part of the game, or he lost his balance or numerous other reasons which can justify the case of pushing Samantha.

THere is no case of ASSAULT which can be used against Rufus, but yes if Rufus wants he can sue Alex for Assault but in return, he has committed a battery on him.

Definition of TORTS-

The simplest definition of a tort is that it is a civil wrong, which can be of 3 main types:

Assault and Battery

Battery suit is when an intentional act causes a physical unpermitted or prohibited contact with another person. WILLIAM L. PROSSER, LAW OF TORTS 35 (4th ed. 1971).

Whereas an assault does not require any such actual contact, but can just be committed when an intentional act (as above) “Suggest to the victim or gives the victim a reason to fear or expect immediate bodily harm.” BLACK’S LAW DICTIONARY 75 (Abridged 6th ed. 1991).

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