Tort Analysis - Tort Analysis A. To frighten Jake, Festus...

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Tort Analysis A. To frighten Jake, Festus quietly approached Jake from behind and shook a rattle that very much sounded like a rattlesnake. Jake became extremely frightened, thinking that he was about to be bitten by a poisonous rattlesnake, but was not physically harmed. May Jake recover damages from Festus? Explain your answer, providing reasoning to support your conclusion. Jake could attempt to recover damages by pursuing civil damages for assault. To prove assault requires an act intended to cause an apprehension of harmful or offensive contact and one that causes apprehension in the victim that harmful or offensive contact is imminent. Assault requires intent and intent is established “if a reasonable person is substantially certain that certain consequences will result”. Festus intentionally shook the rattle behind Jake with the purpose of scaring him. Festus reacted to the sound of the rattle in fear of being bitten by a poisonous snake, as would any reasonable person would react if they found themselves in the same situation. Hearing the rattle made Festus believe he was about to be in imminent danger from a snake-bite. Assault, unlike battery, does not require actual touching or bodily harm to the victim. Because Festus can show that Jake intended to frighten him by shaking the rattle behind his back and by shaking the rattle he believed he was in imminent danger of a poisonous snake-bite, regardless of the absence any actual bodily harm having occurred to him, Festus can show that Jake committed assault. Whether a judge would rule that Jake should pay damages to Festus, I don’t really know, but it seems unlikely since the event was truly nothing more than a practical joke pulled off in bad taste. B. Joe kisses Betty while she is asleep. Betty is not awakened or harmed. Betty later learns
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This note was uploaded on 12/15/2011 for the course BUSINESS L 101 taught by Professor Smith during the Spring '11 term at American.

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Tort Analysis - Tort Analysis A. To frighten Jake, Festus...

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