A man and his friend are playing a game of catch in a public park. During the game, the man, in a sudden burst of enthusiasm, throws the ball directly at a person sitting nearby on a bench. The ball hits the seated person on the shoulder. The seated person sues for intentional tort, claiming battery. What is the most likely outcome?
The plaintiff will succeed because the man did not act with sufficient care.
The plaintiff will succeed because the contact was physical and without consent.
The plaintiff will not succeed because the man was participating in a game and the incident was unintentional.
The plaintiff will not succeed because the man did not intend to harm the seated person.
Battery occurs when a defendant intentionally causes harmful or offensive contact with another person. In this scenario, the act of intentionally throwing the ball at someone satisfies the intent requirement even if the man did not intend to harm the seated person. Physical contact that is unconsented and offensive meets the requirements for battery. Some other options are incorrect because they either fail to recognize that intent to make contact is sufficient for an intentional tort or impose an incorrect standard for liability, such as recklessness or carelessness.
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