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    Torts

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    Let's try a quick hypo. A man ("A") sees his enemy ("B") while he is walking down the street. They are walking in opposite directions, and are about to cross paths. As B approaches, A pulls out his gun and aims it at B, intending to only scare him. The gun accidentally discharges and hits B in the arm. Putting aside possible charges of attempted manslaughter, what tort(s) has A committed here?

    Discuss defamation in the context of the Lohan suit. What would Lohan have to do to prove her defamation claim? What potential defenses would E-Trade have?

    http://consumerist.com/2010/05/lindsay-lohans-100-million-defamation-lawsuit-against-etrade-turning-ugly.html

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    Solution Preview

    Some sample responses. Good luck!!!

    The first tort that has been committed is assault. Under common law, assault is an intentional tort. For a cause of action to arise, you must show:
    - Intentionally causing
    - Reasonable apprehension
    - Of an immediate
    - Harmful or offensive contact

    The tort of assault does not require actual physical contact, just the reasonable fear of such contact. In this case, A pulls out a gun and aims it directly at B. Aiming a gun at a person would give rise to a reasonable apprehension of ...

    $2.19

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