Question
1. Pamela Prankster, a practical joker who delights in subjecting her friends to sophomoric pranks, decides to dress up as a burglar and scare her
1. Pamela Prankster, a practical joker who delights in subjecting her friends to sophomoric pranks, decides to dress up as a burglar and scare her friend Ariel as an April Fool's joke. She arrives at Ariel's door at mid-night, dressed in typical cat-burglar garb, including a stocking over her face, and sporting a realistic-looking plastic toy gun. She breaks into Ariel's home by open-ing his ground-level bedroom window and climbing in. She then accosts the sleeping man, points the gun at his head, and yells "Wake up and die like a man!" at the top of her voice. He wakes up agitatedly and is im-mediately struck by a terror that leaves him unable to move or speak. After enjoying her friend's confusion and fear for a full minute, she removes the stocking from her face and yells out, good-naturedly, "Gotcha! April fool!" Ariel, who is not amused, decides to sue Pamela for civil damages. What torts can he sue for? What is the likely result of his case?
2. Assume the same facts as the last case. If Pamela, while she is pointing the fake gun at Ariel but be-fore waking him, decides the joke is a bad idea and leaves the way she entered, is she guilty of any tort? Explain fully.
3. Vince borrows Dana's laptop computer over the week-end in order to finish a term paper for his Compo-sition I class. While using the system, he runs a pirated game he had gotten from a friend on DVD that, unbe-knownst to him, contained a computer virus. The virus causes the laptop's hard disk to be reformatted, and rewrites the computer's CMOS chip so that it no lon-ger recognizes any peripherals and cannot be booted. Vince takes the computer to a local technician, who informs him that repairing the damage and reinstalling the software will cost more than the computer's $300
market price. Under what theory, if any, can Dana suc-cessfully sue Vince for the computer's market price? Is Vince guilty of any crime with regard to the incident?
4. Bob, a prominent state politician with aspirations to federal office, confides his marital infidelity to his friend Maurice, asking him to keep the matter secret, since its disclosure could harm his election chances. Five years later, when Bob is a candidate for national office, Maurice decides that fame and money are preferable to friendship and signs a lucrative book deal with Seedy Press to write certain book about Bob's ex-tramarital affair. Bob, furious at his friend's infidelity to him, sues Maurice for the tort of libel. What will he need to prove in order to prevail over Maurice? Will he prevail? What other tort could Bob sue Maurice under?
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