The fоllоwing fаcts will be used in questiоns 2-3. Pаtrick аnd Damon were employed by the phone company. They were also very good friends. They were in a basketball league together called the “Ringers”. The team was sponsored by the phone company. One night after a loss to the “Dingers”, a team sponsored by Ice Cream Company, Delbert and Damon decided to stop for a snack at the “Snack Shop” in the drive through. As they were in the drive thorough, nasty Natasha informed them that no further drive through orders would be taken as the Snack Shop was closing. She told Patrick and Damon that the last order to be taken would be the car in front of theirs. Damon, who was driving became irritated and informed her that he and Patrick had played a hard game and were hungry. Natasha responded, “Tough luck, my feet are tired and you’re late and out of luck”. Thereafter, Natasha handed the food order the car ahead of Patrick and Damon had placed to the occupants of the car ahead of Patrick and Damon. When the car ahead had pulled forward, Damon pulled his car forward and shouted at Natasha, “Man, I’m hungry and nobody does this to me!” Natasha only laughed. It was then that Damon reached under his seat and pulled out a revolver. He fired the gun at Natasha intending to hit her, but he missed and instead struck Pratt in the shoulder. In an action by Pratt against Damon for battery, the plaintiff will be:
The fоllоwing fаcts will be used in questiоns 17-18. Returning home from work one dаy, Mrs. Smith pаrked her car on a steep roadway in front of her home. She forgot to set the emergency brake. After she had gone inside her home, the car began to slowly roll downhill. Dennis, a 10-year-old boy chased his ball into the street. He was struck by Smith’s car which he failed to see. In an action by Dennis against Smith for personal injuries, Smith will most likely:
The fоllоwing fаcts will be used in questiоns 7-9. Donаld owns аnd maintains an athletic filed where the local little league baseball teams and the little tiger football teams play their games. The athletic field abuts on one side a private road leading to a number of houses, including the house of Paula. It is the usual custom of homeowners along that road to charge those coming to the games to park cars along the road. The homeowners on the private road also rent out areas where those parking along the road can place chairs to view the games from. Before the Saturday afternoon football game on November 1, Donald, in order to prevent the custom of the homeowners along the private road from depriving him of his admission fees, placed removable spiked barriers across the driveway leading to the homes and did not remove them after the game. That evening, Elmo removed the barriers from the driveway and carefully placed them alongside the sidewalk. Elmo obviously took this action in order to make it possible for him to use the driveway as a means of reaching Paula’s house. Thereafter, Bert, who was lawfully using the sidewalk along the road, accidentally tripped over one of the barriers in the dark. Bert fell to the ground and landed on another one of the spiked barriers that caused him injury. Donald’s action in placing and failing to remove the spiked barriers from across the driveway may be best described as: