Midterm Practice Essay
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Make sure to cover each of the intentional tort issues raised by the fact pattern.
Jordan and Alex are both first-year law students who volunteer at a campus theater group. During rehearsals for an upcoming play, the director asks for volunteers for a mock stage-fighting exercise. Alex, who has some prior martial arts training, agrees to demonstrate a choreographed slap with Jordan. Jordan hesitates but eventually nods when the director assures him that “no one will really get hurt” and that the slap will be carefully staged.
As the rehearsal begins, Alex performs the slap much harder than anticipated, striking Jordan across the face. Jordan stumbles backward, his cheek red and stinging, and the entire cast laughs. Jordan feels humiliated.
Later that evening, Alex posts a video of the incident on social media, captioned: “Jordan can’t even handle fake fighting—what a baby!” The video quickly circulates among their classmates. Jordan is deeply embarrassed, develops trouble sleeping, and begins avoiding classes.
The next week, at another rehearsal, Jordan tells Alex to “stay away from me.” Alex, smirking, steps very close to Jordan and whispers, “If you mess up my performance again, you’ll regret it.” Jordan bursts into tears in front of the group.
Jordan is now considering legal action against Alex.
Discuss all potential tort claims Jordan may assert against Alex, including but not limited to battery, intentional infliction of emotional distress, and any other relevant torts. Address the role of consent and any possible defenses Alex might raise.
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