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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...