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law case
Commerce 2603
Summer, 2013

Assignment Case
Distribution Date: May 15. 2013

Jim Jones was a B.Comm student at Ivory Tower University in Halifax, and played hockey for the "Commerce A11-Stars” in the ITU inter-faculty league. Bob Black, of the ITU Law School, played for the "Law School Lumpers" in the same league.

One evening, Jim checked Bob heavily into the boards during a game. Bob retaliated, as he fell, by slashing Jim across the back of the neck with his hockey stick. The slash opened a two inch wound in the back of Jim's neck. Jim, in turn, dropped his stick and gloves and raised his fists, but the referees intervened and ended the exchange before any blows were thrown by either Jim or Bob. Shouting from the two pena1ty benches soon followed, with Jim and Bob both calling upon their imaginations to arouse the utmost creativity in conjuring up some extremely vivid oral depict­ions of the other's character, personality, and parentage. The shouting included, at its lowest ebb, Jim's saying

"You better run if you see me coming in your direction one day on the street, 'cause if I see you, I'll beat the tar out of you!”

Two days later, the two saw each other in the ITU Students' Union cafeteria. Jim thought it was a chance meeting, and seized the opportunity to confront Bob. Jim shouted:

"How about stepping outside with me and showing me how tough you are without a hockey stick from the blind side.”
.
Bob responded by rising from his chair, starting toward the door and calling

"I'd be delighted!”

The two did meet outside, and a very brief scuffle ensued. It ended in less than a minute, with Bob striking precisely the location he had struck with the hockey stick, this time with a karate chop. Jim fell, in a scream of anguish, and Bob nonchal­antly turned and sauntered away, a gigantic smirk painted on his face.

Jim was hospitalized due to the injury he sustained in the fight. Two of his friends in the B.Comm. program,

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