Jim Was Assigned to a Different Workroom at the Factory

question 81

Multiple Choice

Jim was assigned to a different workroom at the factory.During the day,he became increasingly upset with one of his new co-workers,Mr.Saur,who criticized everything he did.After several hours of this,Jim said,"I could do a little better in here if you kept your mouth shut." Saur answered,"You young @#$%%,you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way.Jim picked up a paper cup of water and threw its contents at Saur,saying,"Cool down,old man." Some of the water hit Saur,who then ran over and hit Jim hard with a piece of pipe.Charlie,another worker,grabbed Jim by the hair and pulled him out of the room,away from Saur.On these facts,which of the following is true?

• A) Jim could not sue Saur for assault because Jim was not hurt by the falling machinery.
• B) If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence.
• C) If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt."
• D) If Saur sued Jim for battery, Jim could defend successfully on the ground of provocation.
• E) Charlie could be sued successfully for battery even though he was acting in Jim's best interest.

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