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 …”
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.
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