So Bob and Terry are friends who grew up in California. There is a free ticket...

So Bob and Terry are friends who grew up in California. There is a free ticket to Coachella near Indio being offered by a radio station. Both friends call in separately and the radio station tell them that they won it. A Coachella ticket can cost anywhere from $600 for GA ( general admission) all the way to $2000 for VIP per person. Getting one of those tickets is quite expensive! So Bob and Terry both go down to the radio station to pick up their ticket and do not tell the other person, all because there is only one ticket. What a surprise when they both show up at the radio station expecting to get their ticket and neither person told the other of what was going on. Both people are perplexed at this issue and go to the radio station for them to settle the issue. The station said that they made a mistake and only had room in their budget for one ticket. Bob says, "Terry, you are a good friend. You go ahead and enjoy the concert." Terry takes the ticket and says "Thank you!" So now Terry takes the ticket and goes to Coachella. Upon entering the stage area, a biker with very large spikes walks through the crowd. He trips over Terry and then punches him right in the mouth, saying "move!".Terrys gets mad, calls him an SOB and hits him back causing a scar on Biker's cheek. Terry had a cracked jaw because of the encounter and sues Biker for assault and battery. Biker countersues Terry for defamation.

Questions:

1. Did Biker commit an intentional tort against Terry. If so, which one?

2. Did Terry commit an intentional tort against Biker? If so, which one?

3. Are there any defenses against these torts that would vitiate the conduct described in this story?

4. Who is going to win this case?

Expert Solution

Yes, Biker commited an international tort against terry, the international tort of battery. He punched Terry into the face causing his jawline to break.
No, Terry did not commit any international tort against Biker, cause

He has hitted him in response of Biker's punch, to protect himself from Biker's another punch.
He was not the first one to start the fight.
He has abused him in the reponse of Biker's hit,

If Terry would be able to justify his part through this argument related to abusing, then he would not be guilty of international tort of assault.

3. Biker: There is no defence on the part of Biker cause he himself had started the tort. It was just a tripping between both of them, but Biker start hitting him.

Terry: Terry has abused the Biker in response of his hit. If Terry would be able to justify his abuse and punch to save him from further hitting, he would be free of any international tort against Biker.

4. Terry is going to win the case in defence of self protection from Biker.

ekkarill92 answered 2 years ago

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