At а pаrk, Sоnny wаs practicing his pitching fоr an upcоming baseball game. Nearby, Kayla sat on a bench reading a book, while Jad was tying his shoelaces a short distance away from her. Growing frustrated with his inability to throw the perfect pitch, Sonny decided to scare Kayla by pretending to throw the ball at her. He wound up his arm and aimed directly toward her as though he were about to throw the ball at her. Kayla looked up just in time to see Sonny "pitching" the ball at her and, in panic, ducked to avoid being hit. However, Sonny, instead of releasing the ball toward Kayla, changed direction at the last second and threw the ball away from her. The ball ended up hitting Jad on the head, causing an injury. Based on the facts, which of the following statements is the most correct?
Aulаni, а first-yeаr law student, invited a few оf her law schооl classmates to her family’s beach house for a potluck to relax and “decompress” after taking their last midterm exam in their first semester of law school. When Brad arrived at the beach house, Aulani gave him a hug and thanked him for bringing burgers. When Aulani next answered the door, it was Cameron with a handheld box that she raised up near her face with a big grin. Aulani exclaimed, “I love Liliha Bakery Coco Puffs!” A few moments later, the doorbell rang, Dawn came with a cooler of drinks, and Aulani yelled, “let the party begin!” The four friends proceeded to the backyard. While the friends admired the view and complained about the lousy torts midterm exam, Evan, a second-year law student walking along the beach empty-handed, saw the group. He made his way from the sandy beach and into Aulani’s backyard and approached the friends. “Hey guys, I heard about the party. Looks like fun!” Surprised, Aulani replied, “I didn’t know you were coming. You’re Evan, right?” Evan walked over to the grill and noticed only four hamburgers, and commented. “Are one of you not eating? There are only four burgers on this grill. Ah, but there’s a lot of Coco-Puffs over here!” Evan reached for some Coco-puffs. Aulani walked over to Evan and discreetly explained, “Evan, I only invited Brad, Cameron, and Dawn here. You should leave.” Offended and enraged, Evan took a few steps back with the Liliha Bakery Coco-puffs box in his hand, “What?!” Holding the box of Coco-Puffs above his head, he yelled, “You can’t do that to me!” Evan threw the Coco-Puffs box (with coco-puffs still in it) towards Aulani’s face. Alarmed, her eyes instantly “got big,” and she ducked. The box missed Aulani and hit Brad, who was behind her barbecuing, in the back of his neck. A corner from the Coco-Puffs box cut Brad’s neck, causing him to bleed. “Hey, Evan. I have to ask you to leave,” insisted Aulani. In response, Evan walked past Aulani towards Brad and grabbed the barbecue fork utensil that hung from the grill. He turned around, walked towards Aulani, confronted her face-to-face while holding the barbecue fork close to her face, and yelled with rage, “Screw you, 1L! You better hope you don’t bump into me when you walk out of your 1L classes at school! I’ll be watching you!” Evan threw the fork to the ground near Aulani’s feet, grabbed Dawn’s drink cooler, and stormed off the property. Aulani was shaken by the encounter. The following day, Brad, Cameron, and Dawn could not convince Aulani to get out of bed to go to school because she feared seeing Evan on campus. The Dean of Students reached out to Aulani about the absence. Aulani told the Dean she wasn’t feeling well and would return to campus the following week. When Aulani returned to school, she was “withdrawn,” no longer enthusiastic about studying law, and constantly worried about Evan seeing her coming out of her classes. She has had recurring nightmares of their confrontation that made it difficult for Aulani to get adequate rest. Identify the party that is most likely to succeed on a battery claim and analyze that claim in IRAC format, including any potential defenses. Then analyze whether the same party could also succeed on a claim for assault. Fully analyze each claim, including any element that may not be satisfied.