1. Ward accidentally by misfortune and against his will in discharging his piece did hurt and wound P. P brought and action of trespass and battery against Ward. If you wewe Ward's attorney, how could you win the case? 2. Two dogs, owned by P and D, were fighting. D tried to separate them by beating them with a stick. In doing so he backed up toward P, and in raising his stick over his shoulder, hit P in the eyes, and injured him. P sued P in the action of trespass for battery. Who won? Discuss fully. 3. While driving the car, D fainted suddenly, and collied with P's car, causing injury on P's head. Can P sue D in the aciton of negligence? What are the reasons for it? 4. D was engaged in constructing a tunnel. He set off dynamite at the consturction site which was only 100 feet away from P's house, causing serious damages on P's house. However, P could not prove negligence on D's blasting. If you were P's attorney, how could you win the case? 5. While P, an old woman, started to sit down in a wood chair, D, a child of age 5 years, deliberately pulled it out from under P. As D discovered P about to sit down at the place where the chair had formerly been, D hurriedly attempted to move it toward P to aid her in sitting down in the chair, but D was unable to get the chair under P in time to prevent her from falling to the ground. P fell to the ground and injured. Is D liable for battery to P's injury? Why? 6. D, in an effort to tease P, whom he knew to be shy, intentionally put his arm around P and pulled her head toward him. After this sudden hug, P suffered an injury in her neck and ear. Is D liable for D on the action of battery or negligence? 7. Why an insane person by his act does intentional damage to the person he is liable for that damage in the same circumstances in which a normal person would be liable? 8. What is the different between assault and battery? 9. During a fire drill, D, a teacher, had a responsibility to her students to keep them moving in an orderly fashion down the stairs and out of door. D, in order to notice P, placed her fingertips on P's shoulder, causing P to fall down the stairs and injure P. Is D liable to P for battery? 10. P, a Negro, entered into a very high class restaurant and asked for lunch. The luncheon was buffet style, and P stood in line with others. As P was about to be served, he was approached by the Restaurant's manger, who snatched the plate from P's hand and shouted that he, a Negro, could not be served in the restaurant. P testified that he was not actually touched, and did not testify that he suffered fear or apprehension of physical injury; but he did testify that he was highly embarrassed and upset by the manager's conduct. If P asked for your help, what would you advise him? 11. P, a retired old man, was taken to D's nursing home by his nephew. Thereafter, P decided he wanted to leave and walked out of the nursing home. But was caught by D and brought back forcibly, placed in a private room and locked up. If you were P's attorney, what kind of action you might sue against D? --

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