1. Dickie “Mulehorse” Nixon was the star fullback for Whittier
College football team. After missing two practices, Nixon was
“dropped” from the team by Archie Cox, the head football coach.
Following his dismissal, Nixon met with Cox and asked if he could
rejoin the team. Cox told Nixon that he was despised by the other
players and under no circumstances could he return to the team. As
Nixon was leaving Cox’s office very dejected, the coach then said
to him, “Hope you decide to transfer, Mulehorse, everybody hates
your guts around here”. Later that same evening, Nixon wrote a
suicide note in which he stated, “Coach Cox is responsible for my
despondency. If I can’t play football for Whittier, I don’t want to
live.” After swallowing a bottle of Quaalude barbiturates, Nixon
fell unconscious in his dormitory room. Moments later, Pat
Checkers, Nixon’s roommate, entered the room and saw his limp body
on the floor. Checkers read the suicide note and then attempted to
A. prevail, if Cox intended to cause him to suffer emotional distress
B. prevail, because Cox’s remark did in fact cause Nixon to suffer emotional distress
C. not prevail, because Nixon’s drug overdose resulted from his own voluntary act
D. not prevail, unless Cox knew that Nixon was an extremely sensitive person
2. Dave Schultz was a professional hockey player for the Philadelphia Ruffians. One evening in a game between the Ruffians and the Pittsburgh Eskimos, Schultz got hit in the face with a hockey puck. Schultz was rendered temporarily unconscious and had to be taken to the dressing room on a stretcher. While in the dressing room, Schultz regained consciousness but he was in excruciating pain and discomfort. The puck fractured
Schultz’s nose, blackened his eyes and knocked out three teeth.
As the team physician administered medical assistance, Bobby Clarke, the Ruffians’ trainer, entered the dressing room with his camera. Clarke often took pictures of the Ruffian players for his personal collection. Clarke placed a pillow under Schultz’s head and was about to take his picture when the supine athlete protested and told Clarke “get the hell out of here, I don’t want my picture taken.” Clarke took two pictures anyway.
If Schultz brings suit for tortious battery against Clarke, the plaintiff will likely
A. succeed, if Clarke’s act was offensive to Schultz
B. succeed, if Clarke’s act caused Schultz to suffer embarrassment or humiliation
C. not succeed, because Schultz did not suffer any injury
D. not succeed, because Clarke regularly took pictures of Ruffian players
3. If Patty initiates a suit against Marty to recover damages for her broken arm, Patty will
A. recover for assault only
B. recover for battery only
C. recover for assault and battery
D. not recover
4. If Bob sues Carl, Dave, and Ed for battery due to being hit by the rock he will:
B. not recover, because he does not know who threw the stone that hit him.
C. not recover, because he suffered no injury.
D. not recover, because he is presumed to have consented.
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