UBE Question of the Day
Bar Exam Multiple Choice Questions
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Today's Question:
A sports fan attended an indoor lacrosse match pitting the home team against their rivals. During the game, a rival player intentionally swung his stick at the head of a player from the home team, but the stick slipped and flew into the crowd, striking the fan in the face and causing severe damage to his cheek bones. In a battery action against the rival player, is the fan likely to prevail?
(A) Yes, under the doctrine of transferred intent.
(B) Yes, because the rival player’s conduct was criminal in nature.
(C) No, because the rival team is the responsible party under the doctrine of respondeat superior.
(D) No, because the fan assumed the risk.
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