Asked by Natasha De Freitas on Jul 27, 2024

Verified

Bubba, an angry, foul-mouthed fan, yelled insults at Rob, a professional athlete, as Rob was leaving the field. Bubba suddenly rushed toward Rob, and although Rob tried to defend himself by throwing his gym bag at Bubba, Bubba hit him above the eye, causing a serious cut that required stitches. Bubba was arrested, convicted, and sentenced in a criminal action for his attack. Rob, a starting player, missed ten games because of the injury. Based on these facts, which of the following is true?

A) The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag.
B) If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence.
C) Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings.
D) Rob could succeed in an action against Bubba for the tort of nuisance.
E) The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit; the battery was the sudden rush towards Rob.