You are at a birthday party where every guest was asked to bring a pie because the person whose birthday is being celebrated loves pie
You are at a birthday party where every guest was asked to bring a pie because the person whose birthday is being celebrated loves pie. 20 people attend and, on the dining room table, there are 20 pies waiting for the celebration. But
before the group can sing “Happy Birthday” an argument occurs.
Two of the guests start yelling at each other and one of them picks up a pie. The other one says, “Oh no you don’t!
Drop that pie! Don’t you even think of throwing it at me.” The first one says, “That sounds like a dare to me!” And they throw the pie. However, the guest ducks and the pie strikes the person behind them in the face. Unfortunately,
the person hit with the pie was not wearing glasses and the pie filling injures their right eye.
Which of the following statements is most correct compared to the other answers?
A. The person who ducked under the pie committed an intentional tort of battery against the guest who got hit with the pie because the ducking itself was intentional.
B. The person throwing the pie committed an intentional tort of battery against the unsuspecting guest because they intended to throw the pie and the pie caused damage, even though the thrower did not mean to hit that particular guest.
C. The person throwing the pie can use the defense of consent to stop any tort liability for battery because it was a dare to throw the pie.
D. The person who got hit with the pie has no cause of action under an intentional tort for battery because they assumed the risk of getting caught in a pie fight when they accepted an invitation to a birthday party where every single guests brings a pie.
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