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shortytsa
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What is the name of your state?What is the name of your state?California:
Max and Otto are shouting at each other in an angry confrontation. Max throws a brick at Otto. Otto successfully dodges the brick but it strikes Herman, who was passing by. Herman never saw the brick coming. Herman filed an action against Max for assault and battery. Max has raised the defense of lack of any intent to harm Herman and that the brick was thrown in self defense by reason of Otto's shouts. Is Max liable on the cuases of action asserted against? If so, why? If not, why not?
any help, opinions will be helpful...thanks in advance
Max and Otto are shouting at each other in an angry confrontation. Max throws a brick at Otto. Otto successfully dodges the brick but it strikes Herman, who was passing by. Herman never saw the brick coming. Herman filed an action against Max for assault and battery. Max has raised the defense of lack of any intent to harm Herman and that the brick was thrown in self defense by reason of Otto's shouts. Is Max liable on the cuases of action asserted against? If so, why? If not, why not?
any help, opinions will be helpful...thanks in advance