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BCL – L1 – SA – Q26 – Tort
Donny throws a knife at Sally, missing her. Is he liable for assault or battery?
Question
Donny threw a knife at Sally, intending to injure her severely. However, Donny missed Sally. Sally saw the knife just as it whizzed by her head, missing it by about one inch. As a result, Sally was very scared. Sally sued Donny for assault and battery. Which of the following is most correct?
A Donny will be liable for battery, but not assault.
B Donny will be liable for assault, but not battery.
C Donny will be liable for assault and for battery.
D Donny will not be liable for either assault or battery because this is only a criminal matter.
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