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 …”

Related Topics:
2 Lawyer Answers

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.

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.