In one case, a man who was drunk wanted to recover money another man owed him. He pulled a gun and, in the course of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun:
a. did not commit a tort because he was drunk when the shooting happened, so did not have the necessary state of mind
b. did not commit battery because the shooting was an accident; he only intended to threaten the man, which may be assault, but he did not intend to shoot him
c. committed the tort of battery because he intended to invade Nelson's well-being
d. acted in self-defense once the struggle began, so was not responsible for the accidental shooting e. none of the other choices
Question 2
The power to take private property for public use without consent of the owner is:
a. privity
b. caveat emptor
c. easement publica
d. Landham Act action
e. none of the other choices
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The family described in Example Case 3