Jim Was Assigned to a Different Workroom at the Factory

question 69

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 Saur sued Jim for battery, Jim could defend successfully on the ground of provocation.
• C) If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence.
• D) Charlie could be sued successfully for battery even though he was acting in Jim's best interest.
• E) If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt."

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