At Parkside Bistro, Ogden believes that he was overcharged and shoves Nellie, the waiter. Nellie sues Ogden, alleging that the shove was a battery. Ogden is liable
1. if Ogden acted out of malice.
2. if the shove was offensive.
3. under no circumstances⎯the shove was not a battery.
4. if Parkside did not overcharge Ogden.
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