Law 293 Case Study

The Funky Night at Dorchester Arms

I. Jean sues Tyler

In the first suit that Jean can bring against Tyler she can sue him for battery. Battery is defined as intentional infliction of harmful or offensive bodily contact. In this case it is an offensive touch that a reasonable person would consider offensive. When Tyler grabbed Jeans butt after having too much to drink, that can be defined as battery. Jean did not want Tyler touching him and the touch could also be viewed as most certainly offensive. Tyler's defense to these accusations could fall into Jean's willingness for it to occur, of which he will have to prove was there and not just existing in his drunken mind. Jean will probably win the case for battery, as Tyler will have a hard time coming up with a defense of his actions with the state of mind he was in that night.

II. Tyler can sue Jean

Tyler could counter sue Jean in this scenario for defamation. Defamation is defined as a communication which injures a person's reputation by disgracing him and diminishing the respect in which he is held. In this case Tyler could sue for the incident when Jean exclaimed "finally the pervert got what he deserved". Tyler may actually NOT be a pervert. Interestingly enough, the defense by Jean and the outcome of this case actually hi8nges on the previous charge. If the jury finds Tyler guilty of battery, then it can be shown that in actuality he IS a pervert and thus the statements are true. But if Jeans battery charge is refuted then Tyler's case for defamation may win.

III. Tyler can sue Jack

Tyler can sue Jack for battery. When Jack retaliates for Tyler attacking him when he entered the room, Tyler could sue for battery. Jack's defense to this would have to be considered as self defense to Tyler's act against Jack. While on the surface Jack's retaliation may seem justified, self defense is an appropriate defense if the retaliation is equal to the original act. Tyler may try to prove that as a football player and a much stronger person, Jack's attack was much more violent and nowhere near equal. Thus it cause Tyler to bleed. Tyler could quite possibly win this case due to the blood in the incident and Jack's much more powerful retaliation.

IV. Jack can sue Tyler

Jacks retaliation in the previous case was caused in response to this incident of Tyler's battery of Jack. When Tyler came into the room that Jack's bachelor party was in Jack had just shoved Mrs. Jones. In retaliation to her slapping him. Tyler, unaware of the previous actions of Mrs. Jones and only responding to Mrs. Jones shouting for help because she was being attacked, came in and shoved Jack into a table and breaking a large amount of glasses on the table. Tyler's defense to these accusations can be defended based on the fact that he was just being a good samaritan, coming to the aid of Mrs. Jones. Through this defense, the charges against Tyler for this particular incident will be dismissed. That is unless the evidence is permitted that Tyler was extremely intoxicated that night . If that is allowed into the courts record, his good Samaritan defense of others won't hold as much water.

V. Jack can sue Laura

Jack can sue Laura for battery. At the beginning of the incident, Jack mistakenly kissed Laura because he thought she was his bride. In retaliation to this Laura decided to shove Jack away, over a chair and to the ground. Then Laura decided to step on Jack's stomach as she walked through the bachelor party. Laura's defense for her actions would probably follow the line of the fact that she was just retaliating against Jack's actions where he kissed her mistakenly. At first glance it seems as though Laura would win this case. However, Laura's intent should be evaluated. Dispute should not fall on the fact that her shoving Jack backwards was not justified. However her stepping on Jack seems a bit excessive. Furthermore, Laura's original motive for entering the room was because she was angry with the group next door for being to noisy. She came into the room already being upset with every single person in there for being too loud. The kiss by Jack probably triggered her to act out more violently than she normally would and within a reasonable limit. Therefore, Laura's case could be lost possibly due to her actions.

VI. Jack can sue Betty Jones

Jack can sue Betty Jones for battery for slapping him. However Jack stands little to no chance of winning this case. Betty slapped jack for vomiting on her. This appears to be a reasonable response to an act by Jack. Thus Betty Jones will probably be acquitted o these charges.

VII. Betty Jones can sue Jack

Jack can be sued by Betty Jones for battery. When Jack threw up on Betty, it could be viewed as battery. Whether it comes from inside your body or it is part of your body that is doing the inappropriate touching, it is all still battery. Jack's defense for this could be that she got in the way of his vomit and he never intended to vomit on her. Betty will probably win this case, juries would probably view Betty's problem as gross and shameful on Jack's part and side with Betty. Furthermore, Betty can sue Jack again for Battery. After Jack threw up on her, Betty slapped him, a reasonable retaliation top Jack's actions.

However, Betty's assault charges stem from Jack's retaliation

...