Now that we have worked through our hypo, try doing one on your own. A sample format
Question:
Now that we have worked through our hypo, try doing one on your own. A sample format has been provided so that you can focus on your application.
Mom and Dad were both at the mall, looking to purchase Boo Boo Bonnie, currently the most popular doll among young children. Because Boo Boo Bonnie was so popular, the doll was sold out almost everywhere online and in stores. Mom and Dad's child, Daughter, had begged for one for her birthday, and Mom had heard that there was one left at the toy store at the mall. On the drive to the mall, Mom told Dad "Daughter wants one so badly, I will do a nything to make sure she has one for her birthday."
When Mom and Dad arrived at the toy store, they saw Employee near the doll section. Employee had just finished his shift and had changed out of his store uniform; he was taking the last Boo Boo Bonnie to the register to purchase so he could sell it online at a profit. When Mom saw Employee with the doll, she became terrified that she may disappoint Daughter on her birthday. Mom ran up to Employee and tickled him under the arms and on the belly, hoping to get him to drop the doll so she could purchase it for Daughter.
Will Mom be liable for battery?
The issue is whether Mom committed a battery when she tickled Employee.
The rule for battery in New CALI is that an actor is liable for battery if (a) she acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful or offensive contact with the person of the other directly or indirectly results.
First, we must establish that Mom intended to cause a harmful or offensive contact to Emp Employee, or that she intended to cause imminent apprehension of a harmful or offensive contact.
(Start your analysis here in the empty box to the right- remember to list a fact, explain why it is important, then draw a conclusion.)
Next, we must establish that a harmful or offensive contact occurred.
(Continue with your analysis here in the empty box to the right- remember to list a fact, explain why it is important, then draw a conclusion.)
Therefore, because all the elements were/were not met, Mom is/is not liable for battery.
Expert Answer:
FACT Mom tickled Employee under the arms and on the belly IMPORTANCE Moms action of tickling Employee constitutes physical contact with him CONCLUSION ... View the full answer
