Fallen into street fronting their adjoining homes

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Reference no: EM133799245

Question

Dina, aged sixteen, approached a neighbor, Paul, as he walked along the sidewalk fronting Dina's home. When she came face to face with Paul, Dina, without provocation, gestured threateningly and screamed, "I know you're out to get me and I'm going to get you first," and then strode away.

Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Although Dina swerved away from Paul at the last moment, Paul reacted by diving to one side. He struck his head on the curb and suffered a severe concussion and facial injuries. Paul has sued Dina, alleging tortious causes of action.

Is Paul entitled to recover against Dina for:

a. Assault? Discuss.

b. Battery ? Discuss

Reference no: EM133799245

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