Reference no: EM133357846

Case Study: This Section affords the opportunity to earn a maximum of ten (10) points and requires you to respond fully and thoughtfully to the following short essay question. All work must be your own without assistance or input from anyone else. The questions are based on this case scenario: A young man named Koffman, in his first year of organized football, was placed on the defensive team under the defensive coach, Wilson Garnett. To demonstrate proper tackling technique at practice one day, Coach Garnett, asked for a volunteer to demonstrate the technique. The Coach approached his volunteer Koffman in the front of him, explained the technique he was about to use and then without warning, thrust himself into Koffman, lifting him up and knocking him to the ground, breaking Koffman's arm in the process. Koffman filed a civil action and sued in tort for compensatory damages alleging that Garnett committed both an assault and a battery upon him. Coach Garnett responded alleging that he did not intend to hurt Koffman, that Koffmann consented, expressly and impliedly, to the demonstration and that Koffman, in any event, assumed the risk of injury that is inherent in the sport and its practices.

Question: an essay that explains the elements of a civil assault and battery and analyze the foregoing case scenario. Remember to apply each of the elements to the facts of the case, as well as any defenses, in order to conclude whether Koffman will be successful in his action for either assault, battery or both.