Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A restaurant owner, frustrated by a persistent vagrant who slept in the doorway of his establishment every night, decided to install a motion-activated sprinkler system that would spray water whenever someone approached the doorway after closing hours. The owner's intent was solely to deter the vagrant, not to cause him harm. One night, the vagrant was sprayed by the system and, startled, fell and broke his arm. The vagrant sued the restaurant owner. Which of the following torts is the most likely basis for the vagrant's claim?
- ABattery.
- BNegligence.
- CIntentional Infliction of Emotional Distress (IIED).
- DAssault.
Show answer & explanationAnswer & explanation
Correct answer: A. Battery.
Battery requires an intentional act that directly or indirectly causes a harmful or offensive contact with another person. The owner intended to cause contact (spraying water) to deter the vagrant, and that contact was offensive and led to harm, even if the harm was not intended. The intent to cause contact is sufficient.
Why the other options are wrong
- B. While negligence could be argued, the owner's act of setting up the sprinkler system with the specific intent to make contact with anyone approaching, including the vagrant, makes battery a more appropriate intentional tort.
- C. While the act might be upsetting, it may not reach the 'extreme and outrageous' threshold for IIED. Battery is a more direct fit for the physical contact and resulting injury.
- D. Assault requires apprehension of immediate harmful or offensive contact. While he was startled, the primary tort is the actual contact.
Battery
An intentional act by the defendant that causes a harmful or offensive contact with the plaintiff's person. No intent to harm is required, only intent to make contact.
- Intentional act (desire or substantial certainty of contact).
- Harmful or offensive contact.
- To the plaintiff's person (includes anything connected to them).
- No actual damages required (nominal damages possible).
Memory trick: Intentional contact causes 'ouch', whether a shove or a shout.