CA Q 26. Which party has “prevailed” as a result of the decision in the Garratt case?

The simple answer to this question is to determine which party was more successful in convincing the appellate court to adopt the legal argument that it presented to the court. (Remember what the contentions of the parties were? If not, then you should review your responses to CA Q 18, CA Q 19 and CA Q 20, supra). And notice how helpful it can be when trying to identify the "Issue" and the "Holding" of the case if you START by articulating precisely WHAT the CONTENTIONS of each party was in the case when it was appealed to the court that will be writing the opinion. Almost (although not quite) always, the appellate court will resolve the case by at least attempting to RESPOND TO the issues that the parties have presented to the court on appeal. Therefore, it is generally a good idea to identify and articulate what each party is asking the court to do at the very outset of preparing your Brief. Then, as you read the court's subsequent analysis in the opinion, you already have a preview of what legal issues to look for in the court's analysis.

Clearly, from the Garratt opinion, the court in this case agreed with the plaintiff’s contention that: EVEN IF Brian did not intend to inflict any harm on her by pulling out the chair as she was about to sit in it, he can STILL be liable for the tort of "battery," since there are OTHER WAYS OF PROVING the requisite intent.

Specifically, as the court explained, one of those “OTHER WAYS” is by the concept of what is now referred to as “implied intent.” The court’s opinion further explained that under this legal concept (i.e., “implied” intent), the requisite INTENT for the tort of “battery” can be legally inferred simply from proof that Brian Dailey pulled the chair out from underneath the plaintiff with knowledge to a substantial certainty that the plaintiff who was about to sit in the place where the chair had been would make a harmful (or at least offensive) contact with the ground if the chair was removed.
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