UBE Question of the Day

The Answer is : C.

Here's why. 

Choice (C) is the correct answer because the bartender stands the greatest chance of success on the claim for battery, although it is not certain that he would recover on this claim.  The tort of battery is committed where there is any touching of the person of another that is offensive or not permitted by the norms of social custom.  Here, there was a non-consensual intentional touching of the bartender, even though the touch was neither harmful nor inherently offensive.  The touching might be found offensive, however, in the context of the circumstances and accompanied by the words used by the man.

Choice (A) is incorrect because words alone, without the apparent present means and ability to carry out a harmful or offensive touching, are not sufficient to constitute an assault.  Here, moreover, the words that the man used ("he would. . . if the bouncer was not present") negated any intent to presently harm the bartender.

Choice (B) is incorrect.  There is no slander here, since merely expressing a dislike for the bartender is not the same as making false statements of fact about him.

Intentional infliction of emotional distress requires outrageous conduct on the part of the defendant and a severe impact on the plaintiff.  Mere rudeness is not sufficient to support a cause of action.  Therefore, choice (D) is incorrect.