Question

Coach Chuck unjustifiably throws a water bottle at Smith intending to strike Smith. However, Chuck misses Smith. Specifically, the bottle whizzes by Smith's head and misses him by about an inch. The bottle then strikes the hat Potter is wearing on his head. The bottle does not make contact with Potter's body. Of course Chuck never wanted to make contact with Potter. Potter, turns his head trying to avoid the bottle and he reasonably finds the whole incident to be highly offensive. Potter sues Chuck for Assault and Battery. Which of the following is most true?
A. Chuck is not laible for assault or battery because Potter did not suffer any physical harm.
B. Chuck is not liable because he did not intend to make contact with Potter.
C. Chuck is not liable for battery because the bottle did not make contact with Potter's body but he is liable for assault.
D. Chuck is liable to Potter for both Battery and Assault

Answer 1

Answer:

D. Chuck is liable to Potter for both Battery and Assault

Explanation:

Assault is making a physical attack on another person that causes the person to fear for their safety.

Battery is occurs when an attack impacts on the victim. It is the result or completion of an assault.

In this scenario Coach Chuck unjustifiably throws a water bottle at Smith intending to strike Smith instead the bottle hits Potter's hat.

Potter felt threatened that is why he turned his head to avoid the bottle. This is assault.

The bottle actually hit his hat. This is considered a battery.