Asked in Libel & Slander for Michigan

Q: Advise both persons on whether any tortious claims will be successful

Adam sees ahead of him in the street an individual who, from the rear, looks remarkably like his former girlfriend, Barbara. He sneaks up behind the person, taps the person on the shoulder, and tenderly kisses the person on the cheek. It is not in fact Barbara, but Carla. Carla screams and throws a punch at Adam which misses. Adam runs off screaming. Carla runs behind him shouting, “If I catch you, you’ll see …”

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: If this is a law school question, Adam commits a battery when he proceeded to kiss Carla on the cheek after tapping her shoulder with time to ascertain her true identity.

If this is a practical practice question, your question leaves out the most important consideration: what are the damages? Without damages, a lawyer may tell either Adam or Carla to make a police report or let it be, and not take either person's case.

Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Adding to Mr. Geers: I would also be pretty concerned about that the tender kiss on the cheek.

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