Question

Andrew throws a baseball towards Barry, with whom he is playing pitch and catch. Andrew’s aim is bad and the ball hits Cassandra, who is walking nearby.

Options

• Andrew has committed battery against Cassandra because his intention to hit Barry with the ball is transferred to Cassandra

• Andrew has not committed battery against Cassandra because he did not intend to harm her

• Andrew has committed battery against Cassandra because he intended to throw the ball, which hit her

• Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it

Answer 1

Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it