Crucial Exams

Multistate Bar Examination Practice Question

A man and his friend are playing a game of catch in a public park. During the game, the man, in a sudden burst of enthusiasm, throws the ball directly at a person sitting nearby on a bench. The ball hits the seated person on the shoulder. The seated person sues for intentional tort, claiming battery. What is the most likely outcome?

  • The plaintiff will succeed because the contact was physical and without consent.

  • The plaintiff will succeed because the man did not act with sufficient care.

  • The plaintiff will not succeed because the man did not intend to harm the seated person.

  • The plaintiff will not succeed because the man was participating in a game and the incident was unintentional.

Multistate Bar Examination
Torts
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