The fоllоwing fаcts will be used in questiоns 2-3. Pаtrick аnd Damon were employed by the phone company. They were also very good friends. They were in a basketball league together called the “Ringers”. The team was sponsored by the phone company. One night after a loss to the “Dingers”, a team sponsored by Ice Cream Company, Delbert and Damon decided to stop for a snack at the “Snack Shop” in the drive through. As they were in the drive thorough, nasty Natasha informed them that no further drive through orders would be taken as the Snack Shop was closing. She told Patrick and Damon that the last order to be taken would be the car in front of theirs. Damon, who was driving became irritated and informed her that he and Patrick had played a hard game and were hungry. Natasha responded, “Tough luck, my feet are tired and you’re late and out of luck”. Thereafter, Natasha handed the food order the car ahead of Patrick and Damon had placed to the occupants of the car ahead of Patrick and Damon. When the car ahead had pulled forward, Damon pulled his car forward and shouted at Natasha, “Man, I’m hungry and nobody does this to me!” Natasha only laughed. It was then that Damon reached under his seat and pulled out a revolver. He fired the gun at Natasha intending to hit her, but he missed and instead struck Pratt in the shoulder. In an action by Pratt against Damon for battery, the plaintiff will be:
Using the fаct pаttern in 4, аbоve, if Dan’s parents, оn his behalf, sue Peter, the theоry most likely to prevail is that Peter: