Carefully read the facts of the case below and tease out who is your Plaintiff and who is your Defendant. Toss out any distracting information or "red herrings." Think about tort legal theories (e.g. battery, negligence) and start to apply facts to the elements of causes of action. Do they match or are there missing elements? Any defenses for your defendant?

Remember when you do the analysis that this is for practice - so it's OK if it's not perfect.. Think of this as preparation for the midterm.

Torts Hypothetical - Just the Facts:

Davide, a business student, is (also) a passionate CUTCO knife salesman. One day Davide goes to the Sausalito home of an elderly widow named Penelope. Penelope invites Davide into her well appointed living room with a lovely view of the SF Bay and after Davide gives his initial sales pitch, she curtly tells Davide that she is not interested in any substandard cutlery and asks him to leave pointing her freshly manicured index finger at the front door. In response, Davide starts wildly waving one of the CUTCO butcher knives in Penelope's face and forces her to sit down on her BOSU ball while emphatically repeating his sales pitch, yet again for another 20 minutes before leaving.

• Whattorts(if any) did Davide commit?
• If Penelope ends up signing acontractto buy $1,000 worth of CUTCO knives, could she have the contract rescinded? (Use your best judgment since we have not studied contracts yet!)

Remember we are in Civil court - not Criminal! Think preponderance of the evidence and money damages.