Legal Question in Business Law in New York

Re: Intentional torts

Is it exam time already?

The Penguin's liability should be assessed within the framework of an intentional tort that causes an unforseen/unintended injury.

Whether Batman is liable requires analysis of potential negligence...and endangering the welfare of a child, if Batman is indeed the Boy Wonder.

Whether Robin has assumed the risk of injury should also be considered.

Re: Intentional torts

tisk tisk tisk... exam questions posted on the net huh, wish id thought of it back then...

There was no intentional movement on the part of batman, it was uncounscious at best... and as a result may bar liability, unless there was some negligence on his part in his actions, where he was, his reaction.

In the penguins action you have the eggshell doctrine which may come into play, as far as batmans reaction to the impact/ injury, you may also discuss forseeability of the injury to another, however he did move consciously and as a result would be assessed at the greatest level of responsibility...

robin, as the tag along of batman he has easily placed himself in the way of harm on many ocassions, as a result it should be reasonably forseeable that he would be placed in the way of harm again, as a result he may have assented to the potential harm.

What is his age? we never know how old robin is, just that he is a 'ward' of batman - he may be under age and may not be able to assent to the possible harms or injuries, is batman his legal guardian? batman may then be able to assent for him, and create greater responsibility through this possible avenue... overall, you woud want to focus on did robin understand the potential danger and did he assent to the possible dangers, thereby releasing batman from all liability... also, in that framework you would want to discuss the fact that even if there was an assent as far as batman, this would not take away from responsibility on the part of the penguin for his intentional tort...

good luck, get an A!

Re: Intentional torts

Study hard for the bar exam and remember that the lawyers who actually answer exam questions on the net may very well omit crucial things.

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