1. Susie has sued John for battery. A) Who has the burden of proof to show that the touching was harmful or offensive? The reasonable person and Susie. B) Who has the burden of proof to show that Susie consented to the touching? John b/c he’s D. C) Susie proves that John intentionally touched her in a harmful or offensive manner but John is arguing that Susie consented to the touching. Susie testifies that she did not consent to the touching and the judge and jury believe her. Must the case be dismissed? No not dismissed b/c there was no consent used and consent is objective, so the jury can still find that she consented. 2. Jasper is an exchange student from Denmark attending high school in Michigan. Jasper tries out for the high school football team. On the first day Jasper catches a pass and is hit hard as he is going out of bounds. Jasper wants to sue for battery. He says he didn’t believe that he would be tackled while he was out of bounds. Jasper did not follow
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This note was uploaded on 10/20/2009 for the course TORTS 106 taught by Professor Palmer during the Spring '08 term at McMaster University.