Asked by chris lamadrid on Mar 10, 2024
Verified
Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally?
A) No tort was committed, Jamal was Matt's target not Sally.
B) The tort of negligence because Matt only intended to harm Jamal.
C) An accidental tort because Matt struck Sally by mistake.
D) An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally.
E) A strict liability tort occurred because throwing a baseball is inherently dangerous.
Intentional Tort
A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels.
Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, often resulting in harm or damage.
Strict Liability
Legal responsibility for damages or harm caused by actions or products, regardless of fault or intention.
- Identify the criteria for both negligence and strict liability in tort law.
- Identify the distinctions between different intentional torts.
Verified Answer
EB
ejegayew bertaMar 10, 2024
Final Answer :
D
Explanation :
Matt committed an intentional tort against Sally because he intended to throw the baseball in a manner that would cause harm, and even though Sally was not the intended target, the intentional act resulted in harm to her.
Learning Objectives
- Identify the criteria for both negligence and strict liability in tort law.
- Identify the distinctions between different intentional torts.