c. When you are asleep in the house, I sneak up and throw a hammer through your garage window. d. I come up from behind you without your seeing me and hit the back of your knees, causing you to fall down. e. I accidentally drop a hammer on your foot. Answer: b Page Reference: 39a 22) 23) Which of the following actions constitutes an assault? a. Pointing an unloaded gun at another who does not know whether or not the gun is loaded b. A rude gesture from another motorist c. A car accident in which you are hit by an impaired driver d. Bumping into another person in a crowded hallway e. A bystander struck by a ball during a baseball game Answer: a Page Reference: 39c 24) Ms. Reed attended the zoning offices of the city. She explained to the chief zoning officer, Mr. Shore, that she was interested in a piece of property, but only if it were zoned as a "multiple-family dwelling." Mr. Shore checked the property himself and assured her it was zoned as a "multiple-family dwelling," but he had not checked the new regulations properly. Relying on his statement, Reed invested $300 000 in the purchase and development of the property. When the apartment building was half finished, she was informed by the city that her building was unacceptable because the property was zoned as a "duplex." Upon hearing this news, she rushed to the zoning offices and approached Mr. Shore, started yelling, and threw her briefcase at him. He ducked; she missed. When she persisted in yelling, he threw some cold water in her face. On these facts, which of the following is true? a. Reed could not sue Shore for saying the property was zoned as a "multiple-family dwelling" because he did not intend to make the error; it was just a mistake. b. Shore could successfully sue Reed for assault. c. Reed could successfully sue the city for negligence. d. Reed could successfully sue Shore for defamation. e. Reed could successfully sue Shore for assault and battery.
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?