Tort offense question

[Citruscide]

Citruscide, a very big and menacing man, was getting annoyed with Wodin... an older, smaller and much more shrivled up man... Citruscide turned around, and 10 feet in front of Wodin, while shaking his fist in the air "Why, if it wasn't because you were a Mod at EF, I'd knock you OUT!"

What can Wodin Sue under?

A. Assault
B. Assault and Battery
C. Battery
D. None of the above

I'll give you the definition of assault... but not battery, that would too easy.

Assault -- Defendant creates a reasonable apprehension of immediate harmful or offensive contact.

C

 

[Citruscide]

Common... who wants to levy an attempt at this one??? It is a little easier than the other two...

C

 

[Doktor Bollix]

It's no fun if you give the definition of the crime.

 

[Citruscide]

If I don't give the definition... then... fine, I'll post one WITHOUT the definition...

What is your answer then?

C

 

[Rockafella Skank]

D. Ten feet away hardly seems close enough for a reasonable belief of immediate harm. Ten feet would be plenty of time to evade attack. That Wodin is older and smaller doesn't mean he is slower and/or incapable.

 

[SofaGeorge]

The correct answer is:

He can sue for any damn reason he wants: fraud, breach of contract, alienation of affection, etc...

His lawsuit doesn't have to have diddly to do with the real world actions of either man.

Then, if Wodin loses his frivilous suit - Citruscide can sue Wodin for Malicious Prosecution or Abuse of Process.

I've had more than 20 harrassment suits filed against me - so believe me when I tell you this is the ABSOLUTELY CORRECT answer.

 

[vixenbabe]

Depends..Does Wodin need to pass a sanity test first?

 

[Citruscide]

The correct answer is none of the above...

The distance doesn't matter. here, its the mitigating words that make it not an assault -- to be an assault it must be an immediate threat of bodily harm... the words say "If you weren't a mod..." -- this would "water down" the threat and make it objectively unreasonable.

C