mirodh wrote:"A golfer and her instructor were playing golf in a foursome whent he golfer..............stood a few yards behind the instructor and swung a club at him. The instructor, who was focusing on his shot, was not within range of the club but unfortunately the club slipped out of the golfer's hands and struck the instructor in the head, injuring him.
If the instructor brings a battery action, will he recover?"
It is Barbri Torts question set 5 question 32. I picked yes b/c the golfer acted intentionally and caused harmful contact to her instructor (basing my answer on the theory that intent can transfer from tort to tort, e.g. from assault to battery). Barbri says the correct answer is No b/c the golfer did not intend to cause harmful or offensive contact.
Why is Barbri right and why am I wrong?
This is a tricky question upon first read, and I also got it wrong. But in hindsight, its clear.
Its all about intent. He didn't intend to cause a harmful/offensive bodily contact. Nor did he intent to cause apprehension of an imminent battery. So there is no intent to transfer when that club actually struck him. You need to have intended at least one or the other for it to be said that the intent transferred into the unexpected tort.
It would be completely different had the golfer been facing him, and he swung the club close to her face to scare her. Then, he would have intended an assault, with a battery resulting, and the intent would transfer. But what exactly did he "intend" when he swung the club behind her head?