A golfer and her instructor were playing golf in a foursome when the golfer became very annoyed with critical comments made by t
he instructor. To show the other golfers in the group how annoyed she was with her instructor, the golfer stood a few yards behind him while the instructor was teeing off and swung a club at him. The instructor, who was focusing on his shot, was not within range of the club but unfortunately the club slipped out of the golfer's hands and struck the instructor in the head, injuring him. If the instructor brings a battery action against the golfer, will he recover?
A)Yes, because the golfer acted intentionally and caused harmful contact to her instructor.
B)Yes, because the golfer intended to cause the instructor reasonable apprehension of imminent harmful contact.
C)No, because the golfer did not intend to cause harmful or offensive contact.
D)No, unless the golfer acted unreasonably in swinging the club at her instructor.
Answer: C)No, because the golfer did not intend to cause harmful or offensive contact.
Explanation:
The golfer did not intend to harm the instructor with this action which was why she stood a few yards behind him and made sure that the instructor was not within range of the club.
The club slipping from the golfer's hand was simply a mistake that cannot be taken as battery because it was not done intentionally. She was merely trying to make a statement that went awry.
