Exercise 14
This exercise is about defenses to a tort.
Frank sues Allen for the tort of battery. Frank testifies that Allen hit him with his fist, knocked out two teeth, and cost Frank $4000 in dental bills. Witnesses agree to all that, but also testify that Frank hit Allen first and was poised to hit him again when Allen struck; Frank does not deny this.
Can Frank recover for his lost teeth?
- A. Yes, because Allen did not prove that he suffered any damages, so Frank should be paid for his.
- Sorry, but that's not the correct answer. Please select another.
- B. Allen should pay half of Frank’s dental bill because both men were fighting.
- Sorry, but that's not the correct answer. Please select another.
- C. No, Allen should not have to pay anything because he struck in self-defense.
- C is probably correct. Fights can be some of the toughest cases to sort out, and facts will rarely be as clear as this example. Under the undisputed facts in this case, Allen struck in self-defense; Frank had already hit him once and was ready to hit him again. Self-defense is a defense to a tort claim of battery, so Frank should not recover anything.