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31 December, 14:49

Kyle plans to punch patrick. he calls patrick and tells him he will punch him tomorrow at 4:00 pm. at 2:00 pm the next day, kyle sneaks up behind patrick. patrick does not see kyle coming, but kyle punches him in the back of the head. what torts did kyle commit?

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  1. 31 December, 17:40
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    Technically, Kyle lied to Patrick about the time at which he would punch him. However, there is no contract to prove that this was what was said on the phone (heresay). Additionally, it does not mention that there was any sort of agreement or consideration made between the two of them regarding this. And even if there was, there might be a legality issue due to the fact that punching is both assault and battery when committed on a person, so the contract may not even be enforceable. In terms of civil torts, Kyle didn't really commit anything that is pursuable in court, but did commit battery and assault. If Patrick fell or hit his head further and was injured/killed, he would be liable for an involuntary action, of which would be manslaughter if Patrick died. He would also be able to be sued for wrongful death by Patrick's family.
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