《猪八戒威客网 annieyc》.docVIP

猪八戒威客网 annieyc 1.FACTS: At a dark night on the street, Amanda Reckenwith kicked a man who asked her for time, caused him a serious injury, and the man lost a few teeth because of the kick. One dark night, a girl named Amanda Reckenwith was asked by a man for time who was kicked by Amanda later, and the kick caused him losing a few teeth. ISSUE: Is this action considered to be self-defense, assault or battery? Which is suitable to describe the case? Self-defence, assault or battery? APPLICATION: In the case, it is stated that the man who approach Amanda was just asking for time. Amanda cannot prove that the man has intention to harm her, and she cannot approve there is a foreseeable injury. Although it was a dark night, Amanda saw the man approaching, so her kick is an intentional action, not an accident. Also, Amanda is a bodyguard. She should know her attacks will cause a more serious injury on others than a normal person, so her kick is not an equal defense to the man. Her action to attack the man should not be considered as self-defense, but a battery, because there is actual damage happened. In this case, Amanda has no evidence to prove that the man actually meant to harm her instead of asking for time, which shows no coming injury. Amanda saw the man coming to her though it was dark, so the kick was an intentional one. And as Amenda is a bodyguard, her kick will result a more serious injury, so her kick cannot be regarded as an equal defence to the man. CONCLUSION: The man has the right to sue Amanda for battery, and Amanda may not use self-defense to defend herself. Self-defence mat not be the excuse for Amanda to defend herself, and the man can sue her for battery. 2. FACTS: Amanda and Sam are working together based on a handshake deal. They believe in trust more than contracts. Amanda and Sam are working on a handshake deal instead of real contracts. ISSUE: Is there a valid contract between Amanda and Sam? Is Amanda considered t