Determining whether sidekick had intent

Reference no: EM133579291

Question: Facts in a hypo can, and often should, be used more than once in your analysis. As we just saw, there is only one sentence specifically devoted to Sidekick's liability for battery. You may need to reuse and/or infer facts from the hypo .

It is lunchtime at T. Ort High School, and hundreds of students are in the cafeteria. Student and Friend are sitting at a table, eating their lunch, when Bully and Sidekick walk by. Bully and Sidekick have a long history of tormenting everyone at the school and were suspended earlier in the year for slapping peers in the hallway. As they pass Student and Friend, who try not to make any eye contact, Bully shouts "Hey look, Dumb and Dumber are here!" The majority of students in the cafeteria turn to see who Bully is talking about, causing Student and Friend to become flushed. Once Bully and Sidekick are out of earshot, Student mumbles under his breath "man, I hate Bully so much, I can't wait until he gets what he has coming." Friend, in an effort to make Student feel better, walks up behind Bully and hits him in the back of the head. Bully and Sidekick turn around. Sidekick picks up the closest piece of fruit and throws it at Friend, but misses and hits Student in the eye, causing a burst blood vessel.

Which of the following are facts clearly stated, or fair to infer, that could be used in determining whether Sidekick had intent to cause a harmful or offensive contact?

A- Sidekick had a history of committing battery.

B-Sidekick had been suspended earlier in the year for slapping a student.

C- Sidekick often tormented people at school.

D- Sidekick wanted to get back at Student for what he had done.

E-Sidekick was aiming for the eye.

F-Sidekick was upset that Bully was hit.

G-Sidekick heard what Student said about them.

Reference no: EM133579291

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