22. Ronald threw a stone at Bill. However, the stone missed Bill and stuck Bill\

Question

22. Ronald threw a stone at Bill. However, the stone missed Bill and stuck Bill's hat. Although Bill was unharmed, he sued Ronald for battery. Which of the following is most true?

A. Ronald is not liable because he did not intend to make contact with Bill.

B. Ronald is liable to Bill for battery.

C. Ronald is not liable because Bill did not suffer any physical harm.

D. Ronald is liable to Bill for negligence.

E. Ronald is not liable because his intended result did not occur

23. As Melvin was driving towards a busy intersection, he looked down to find his cell phone, which caused him to go through a red light and hit another car. The car then ran into a utility pole, knocking it down, causing a power outage in the area. It took the utility company several days to restore electricity to the area. Paul sued Melvin for lost income caused because he was unable to do his job without electricity. What will the result be?

A. No, because it was another car that collided with the telephone pole causing the outage

B. Melvin will not be liable to Paul because he could not have actually foreseen that it was dangerous to take one's eyes off the road to find one's phone

C. Melvin will be liable to Paul because he should have foreseen that taking his eyes off the road could cause Paul's food to spoil

D. Melvin will be liable to Paul because a person is liable for all consequences of the person's negligence

E. Melvin will not be liable to Paul because his conduct was not the proximate cause of Paul's damages

Explanation / Answer

22. In this case, Ronald cannot be liable for negligence as firstly Ronald did not had a legal duty towards Bill. Secondly, Bill was not harmed and hence there was no causation.

This case relates to an intentional action. Ronald intentionally threw a stone at Bill (most probably with the purpose of causing a harm to Bill). Civil law will consider this as battery as under civil law the victim does not need to be physically harmed. Civil law considers all offensive or inappropriate contacts to be a case of battery.

Hence the answer is "B" - Ronald is liable to Bill for battery.

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