IRAC BY USING IRAC SYSTEM Art Bill leaving work afternoon approached Charlie, wearing a mask carrying a gun. Charlie, suspected Art affair Charlie's wife, approached ten feet Art Bill, aimed gun Art, Art, I kill

The legal issue at hand between Art and Charlie is that of assault and battery. The tort of assault "is usually defined as any intentional act that is meant to cause a reasonable apprehension of imminent and harmful contact" while the tort of battery is "when one person (the offender) make[s] intentional and harmful or offensive contact with another person (the victim)" (Assault and battery as personal injury claims, 2013, Nolo). Art would argue that Charlie's threat to him with a gun and subsequent firing satisfies the condition of both apprehension of harm and actual harmful contact. Bill could argue that, by virtue of being an innocent bystander forcibly placed in harm's way, he has a case against Charlie for assault and for emotional damage (battery). Bill could also argue, however, that Art's use of him as a shield was both an assault and a battery by virtue of its physical nature and...

Because Art fired upon Charlie while Charlie was retreating, Charlie could make a case against Art for his injuries.
Rule

In proving a case of assault "no actual physical injury is required in most states, so lawsuits for assault and battery can vary widely in terms of damage awards" (Assault and battery as personal injury claims, 2013, Nolo). Thus, not only would Art have a case against Charlie because he was shot and Charlie would have a potential case against Art because he was shot while retreating: Bill also has grounds to sue based upon the potential risk of harm he incurred when he was shot by Charlie and being used as a shield by Art.

In all four cases, two of the three standard defenses against assault and battery do not apply. One defense is consent, or the idea that "the victim agreed to the possibility of being hurt," such as when a plaintiff signs a waiver to participate in a football league and is injured (Assault and battery as personal injury claims, 2013, Nolo). None of the parties clearly consented to their roles as victims.…