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MMLU / A man and a brother were identical twins. The man was having an affair with a…

Problem

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question

A man and a brother were identical twins. The man was having an affair with a woman. The woman's husband was aware of his wife's relationship with the man. One morning the husband saw the brother, whom he mistakenly believed was the man. The husband walked toward the brother and said, "I'm going to punch you in the face, you rat. " The brother immediately realized that the husband had mistaken him for his brother. The brother had enough time to inform the husband of his mistake but didn't say anything. When the husband came closer, the brother punched him in the mouth. If the husband brings suit against the brother for battery, he should

choices

  1. prevail, because the brother did not inform him of his mistake.
  2. prevail, because the husband's threat was accompanied by an overt act when the husband approached the brother.
  3. not prevail, because the husband was the initial aggressor.
  4. not prevail, because the brother used reasonable force given the threat.

subject

professional_law

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Source and history

Official source

initial import