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TORT LAW

Write a paper answering each of the six (6) questions below. Your answers should be written in your own words.

1. Explain the purpose of tort law and describe the kind of damages that plaintiffs may seek in tort actions.

2. Alan goes up to Bill and angrily yells at him in a very loud voice: “I am going to beat you up”. When Alan yells this at Bill, he is physically very close to Bill and Alan’s fist is clenched and waving inches from Bill’s face. Other people step in and pull Alan away from Bill. Alan never hits or touches Bill.

Does Bill have a good cause of action in tort against Alan? If so, explain what tort Bill would claim Alan committed. Explain fully the reasons for your answer.
If Alan actually hits Bill, does Bill then have a good cause or causes of action in tort against Alan? If so, explain what tort(s) Bill would claim Alan committed. Explain fully the reasons for your answer.

3. Barbara Jones is home. She receives a telephone call. The caller is a person Barbara does not know. The caller tells Barbara that Barbara’s husband was in a serious car accident and that he is currently undergoing emergency surgery at the local hospital. Barbara rushes to the hospital only to find that what the caller had told her was completely false. Barbara’s husband is not in the hospital, there was no accident and that he is working in his office. Assuming that Barbara could identify and locate the person that called her, does Barbara have a good cause of action in tort against that person? If so, explain what tort Barbara would claim the caller had committed? Explain fully the reasons for your answer.

4. Explain fully the tort of fraudulent misrepresentation including each of its elements.

Provide an example of fraudulent misrepresentation. (Your example may be based on an actual case or a fictitious case.)

5. AAA Steel Corp. (“AAA”) sells steal to Quality Motors (“Quality”) under a contract that requires Quality to buy all of the steel Quality needs during the year 2020 from AAA. Another steel company, Discount Steel Corp. (“Discount”) sends its salesperson to Quality who tells Quality that even though Quality a contract with AAA, Quality should buy from Discount because Discount has cheaper prices than AAA. Quality buys from Discount for the rest of 2020.

Does AAA have a good cause of action against Quality? If so, what is the basis for the cause of action? Explain fully your answer.
Does AAA have a good cause of action against Discount? If so, what is the basis for the cause of action? Explain fully your answer.

6. Explain fully each of the elements of a cause of action in negligence.

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